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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


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In  tbc  Superior  Court 


OF     THE 


COUNTY  OF  SAN  BERNARDINO.  STATE   OF  CALIFORNIA. 


DEPARTMENT  ONE 


CuoMBion^  Tiney&rd  Oo.  et  al«, 


Plaintiff 


vs. 


San  Antonio  Jr&iBr  Co . , 


No .9Ui7* 

Tdl.  II. 


Defendani / 

/ 


HON   FRANK  F.  OSTER,  Judge. 
I.  BENJAMIN,  Official  Reporter. 


COUNSEL  APPEARING: 
For  Plaintiff 


For  Defendant 


J 


INDEX 


Cousins,   S.  G.' 


Foz,   J.  B.' 


Haven,     Geo.  D. 

Johnson,   C.  I.u   ■ 

Kincaid ,   S.  P. 
Kincp.id,   r'.  J. 


Leeke ,   ■':.   T. 

n  II        II 


iladdock,  John  -  - 
Parcell,   Gervaise 


Re  id,  Frederick  H. 
11    '  II  II  _ 

Stowell,   N.  W.   -   - 


1093 


n        II 

II        11 


Title,   Chain  of 


Trask,  F.   '"'. 

Wight/  E.T. ^^'^ 


DIRECT 


702 
756 
963 

829 

866 

979 

897 

757 
767 

771 
879 

727 

1196 


580 
724 

1125 

1228 

932 
1143 
1244 

676 

755 
929 
940 
987 
1038 


CROSS   R[-D1R[CI:RECR0SS  RE-DIRfCl 

~7ir 

964 

852 
870 

982 

907 

770 

893 

741 

1218 
1245 


912   917  925 


753 


696  700 


701 


1148  1162  '  1188 
1232 


1025 
1054  10.34 


Index  of  Sessions 


Maj^ 

Jan. 

Jan. 

Jan. 

Jan. 

Jv..r\» 

Jan. 


24^  1907, 
1'^  — -^ 


l'"> 
21 
22 
25 

24 


190c', 
190S , 
1908  ■ 

190;;, 

1908, 
1906, 


676 

829 

932 

963 

1038 

1143 

1196 


Defenoan'. . 


IN    THE 


Superior*  Court 

OF   THE 

County  of  San  Bernardino 

State  of  California 


G.uctjj-ion^^a . liri  . mixi .  Company. . .e.t . . tl . ., 


Plaintiff... 

vs.  >  Vol.    VIII 


San  Antonio  Water  Company^ 


Defendant- 


INDEX. 

Trask,  F.  I^.  676 

Reod,  Fred.  H.  680  696  700  701 

Counms,  T.  G.  702  711 

Rood,  Fred.  H.  724 

Maddook,  Jolm  727  741  753 

Y/rirht,  E.  T.  755  755 

Cor  sins,  S.  G.  756 

Kincaid,  ?■■.?.  757 

Kincaid,  U.  J.  767  770 

Leeke,   t ,   T.  771 


I.  BENJAMIN,  Official  Reporter 


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May  ?Ath,   1907. 

F.  E.  TRASK. 
DIRECT  EXAKIMATION  (Resumed) 

Mr.  Bitt,  Q  Usiiig  tiiis  map  to  which  your  attention,  -..as 
directed  yesterday  afternoon  .at  tlie  time  of  adjournment,  I 
will  a^k  you  to  rstate  tiie  length  of  that  main  coming  dwon  from 
the  San  Antonio  Canyen,  proceeding,  I  thdnk,  from  a  certain 
division  dam,  using  the  scale  and  giving  approximately  as 
you  have  given  the  length  of  the  mains  from  the  Sixteenth 
Street  wells  and  from  the  mouth  of  the  Eady  tunnel,  to  the 
place  of  first  connection  with  some  of  the  distributing 
pi])es  of  the  San  Antonio  V/atei-  Com];)any. 

M]'.  OHAPMAII:  Vftien  you  get  to  the  division  dari  will  you  give 
us  tiie  distance  from  the  point  of  diversion  from  tlie  stream 
to  the  division  dam,  and  the  rest  of  it  then  on  down'' 

A  t  the  present  time  the  division  dam  receives  the  v/ater 
f]'om  the  Power  ^^ouse  through  pipe  lines  at  that  period  of  each 
year  v/hen  flood  waters  are  not  passing;  down  the  canyon.  This 
is  hy  virtue  of  the  installation  of  a  pov/er  plant  near  the 
division  dam,  the  supply  pipe  line  of  which  power  plant 
being  a  cement  conduit  and  taking*  the  v;ater  from  the  San 
Antonio  Vanyon  at  a  point  near  tiie  north  line  of  section  1, 
to\/nship  1  north,  range  8  v/est;  and  the  locus  of  the  divide 
dtiii   or  di''ision  dain,  as  it  is  Bonetines  called,  is  the  same 
no\/  as  it  has  been  ever  since  my  first  knowledge  of  the 
canvon  which  was  in  the  year  1HB7. 

Q  You  are  speaking  of  tlie  canyon  of  tlie  San  Antonio  Creek" 

A  Yes,  sir.  At  the  divide  dam  the  water  is  diverted  into  a 
ditch.  This  ditch  has  a  length  southerly  about  1800  feet 


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to  II  iiimi]   box  and  screen  hoi,  and  from  this  sand  box  the 
water  iy  carried  throufi;h  a  piije  line  in  a  southerly  direction 
for  about  6600   or  o400  feet  to  the  intersection  with  the 
ditch  line,  which  is  the  tei-minus  of  tlie  San  Antonio  tunnel, 
ant.  carj'ies  the  San  Antonio  tunnel  water  southeasterly,  and 
at  the  point  of  intersection  the  tunnel  water  and  the  creek 
water  are  rainfcled.  At  or  near  the  point  wliere  the  creek  and 
tiumel  V  aters  mingle  and  extending  from  i6000  to  o2000  feet 
southeasterly  around  the  foot  hill  tlie  water  s  corif;eyed  in  a 
cement  conduit  elliptical  in  cross  section  and  having;  a  ;vidth 
of  6   feet  and  a  depth  of  4  feet,  to  a  point  ir)  section  24, 
to\mship  1  north,  range  8  v/est,  and  marked  on  the  map  as 
"Box".  This  box  imd   conduit  convey  the  v^iter  or  deliver  it 
to  a  pressure  pipe  line  22  inches 'in  diameter  and  about  1600 
feet  in  length  tiirougii  which  the  water  is  carried  to  a  power 
pljint  located  in  the  southeasterly  corner  of  block  20,  of 
the  San  Antonio  Heigiits  trafct, 

0  Wliose  propery  is  that  po\/er  plant,  if  you  know? 

A  I  tliink  it  is  part  of  the  property  of  the  San  Antonio 
Heights  Electric  Railv/ay  Compajtr/. 

Q  -nroceed. 

A  Supplementing  this  pressure  pipe  line  there  is  a  vitri- 
fied line  laid  parallel  betv/een  the  box  and  the  head  of  the 
pressure  line  and  the  power  plant,  used  as  an  overflow  or 
surpluB  line,  delivering  waters  to  l.he  pov;er  plant.  From 
the  po\/er  plant  southeasterly  some  thousand  or  1100  feet  the 
water  ir  cai-ried  throuj'^li  parallel  lines,  one  an  18  inch 

cement  and  the  other  an  18  inch  vitrified  pipe  to  a  division 
box.  From  this  division  box  radiates  4  distributing^  pipe 


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lines  carrying  the  waters   easterly  and  BOiiMierly  into  the 
diutributinj;;  Bystem  of  the  Ontai'io   Colony  lands.     I  v/ill 
rwiark  here  tliat   at  a  point  northwesterly  from  the  junction 
of  the   canyon,  and  thentunnel  waters  there   is  a  short  pipe  line 
delivering     ater  from  a  ditch  knov^n  as  the  tunnel  ditch, 
soutlierly  to  some  lots  that   are     nproved  in  fiat  vicinity. 

Q    Was  water  lo  any  considerahle  amount  taimn  from  that 
ditch? 

A     I  don't  kno?/  the  a:aount   tliat  is  tal-ien  from  that  point 
in  the  aitch.     And  also,   at  the  point  just  southeast  of  the 
punction  of  the  creek  and   those  waters,    there  is  another  pipe 
line  running;  south  alon{-;  the  aividing  line  betv/een  the  C!olon;' 
lots,    into  \diichmter  is  diverted  for   the  irrigation  of 
lajids  lying  along  that  pipe  line,   and   soth   of  the  point  of 
intersection. 

Q     The  flotal  distance  from  the  division  dam  down  to  tliis 
measureing  box  \\here,   as  I  understand  you,   there  is   a  dis- 
tribution of  water  into  some  4  pipe  lines,    is  how  rau.ch  al- 
together*? 

A     I  had  given  it  in  partial  distejices,   the  sura  of  \'^iich 
would  represent  the  total  distance  or  apj^roximately  the  total 
dintance. 

Q  All  riglit.  We  can  get  that  easy  enough.  Tlie  quantity 
of  v/ater  which  is  called  by  Mr.  Leeke  in  his  testira  ny  the 
Grij'd  water,   cones  from  what  source'^ 

A    The  O-ird  v/ater  cones  from  the  San  Antonio  CanYon  and  is 
a  ])rior  ri^j^it  on  the  canyon  supply. 

Q     Does  that  come  down  through  the  Scine  series  of  conduits 
you  have  iust  been  describine:? 


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A     rt  is  neasiired  out  above  tVio  division  of  the  'paters 
botween  the  OntariS^   and  Pomona  peojjle,   and  latei-  is  nin- 
glod  with  the  v/ater  and   in   ttie  ditclies   and  pi'pes  v;hich  I 
have  described. 

Q     And  carried  do'.m  to  the  distribution  box? 

A     It  is  minj^led  with  the  otlier  v;aters, 

Q     The  Bodenliamner  -   or  Bod eniiarof^er  tunnel,  which   i' that 
situated'^ 

A     As  I   said  y  sterday,    it   is  on  or  near  the   center  of 
section  56,   tov/nship  1  north,   range  8  west,   running  north 
and   south. 

Q     Wiiat  distance  is  the  water   from  tliat  tunnel  carried 
from  that  tunnel  to  be  mingled  v/ith  the  water  in  tlie  dis- 
tributing system  of  the  San  Antonio  Water   Company? 

A    That   timnel  is  dry  now  as  I  understand   it. 

Q     Does  not  produce  anyvater? 

A    No. 

Q  Now  recui'rin^;  to  this  pipe  line  from  the  Sixteenth 
Street  \/ells  carrying  tlie  water  westerly  into  the  Ontario 
Colony  lands,  you  stated  yesterday  that  the  poriint  of  first 
intersection]  of  any  distributing;  pipes  or  mains  of  the  San 
Antoniio  Water  Cb?npany  is,  I  think  a  place  between  lots  4fX) 
and  451  designated  on  tliis  map? 

A  So  far  as  I  know;  it  was  v.hen  I  laid  the  pipe  line. 

Q  Nov;  is  there  any  other  pipe  supplied  from  that  maim 
brought  fro?n  Uie  Sixteenth  Street  wells  until,  or  before 
rather,  Euclid  Avenue  is  reached,  the  Street  in  the  Ontario 
Colony.  Ifmds  called  Euclid  Avenue? 

A  Yes,  sir;  there  ai'e  2  north  and  south  laterals  inter- 


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sectin^;  that  main,  one  of  tlien  one  ten  east  uf  Jluclid  Avenue 
and  the  other  two  tens  east  of  Euclid  Avenue. 

Q  Vi/lien  you  use  the  word  ten  you  mtan  ten  acre  tracts? 

A  I  refer  to  the  subdivisions  of  the  Ontario  Colony  lands; 
tliose  lots,  being  ten  acres  each,  I  call  tens. 

Q  Are  you  able  to  say  Vihat  proportion  of  the  water  from 
the  Sixteenth  Street  v/ells,  those  v;ells  north  of  the  Base 
Line,  includin^^  the  frskell  well,  wliat  proportion  of  the 
water  IB  emptied  into  the  distributinjP*  system  of  the  San 
Antonio  Water  Co>ripany,  east  of  Euclid  Avenue? 

A  I  have  nojoknowledf-^e  of  the  proportioning  of  that  v/ater 
to  the  different  stockholders, 

Q  Are  you  able  to  say  whether  a  majorit  of  the  ?;ater„ 
a  larger  portion  of  it,  is  carried  over  and  consumed  west  of 
Euclid  Avenue,  or  some  less  aj-nount? 

A  It  would  be  nothing;  but  a  guess  on  ny  part;  I  knov/ 
nothing  of  the  distribution. 

Mr.  Britt:  I  think  that  iy  all. 

I'^r,  Chapman:  We  do  not  care  to  ask  any  question'-'. 

-0- 

FREhEl^DCK  H.  RE1<]D. 
Pred(;rick  H.  Reed,   a  witness  previously  sworn,  being 
recalled  by  plainiiffs,   testified  as   follows: 

Diredtt  Examination. 
Mr.  T,ri^:t,   Q     The  oth.er  day  vhen  you  wei'e  called,   I  t]:ink  on 
3i'oss   exajaination  by  Judge  Chapman,  you  said  something  about 
Deing  employed  to  make  these  measurements  which  you  ^ave 
:his   testimony  about,  by  tlie  Cucanon^^a  Water  Conipany:     Do 
^ou  know  anything  about  whether  it  was  the  Cucrjnojv^a  Water 


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Coriparty  or   some  other  company? 

A     I  btdieve   it  was  the  Cucaiionga  VineArard  Corqjan;;, 

Q     From  whora  did  you  get  your  pay? 

A     I  j-^ot  ray  pay  from  tlie  Cucamon^^a  Vineyard  Corapany, 

Q     Fell,  noM,    I  want  to   call  your  attention  to  this  chart 
a^ain,   the  aicigram  on  the  board,  plaintiff's  Eidiibit  o.  You 
notice  that   the  riglit  hand    side  of  the  chart  contains  the 
caption  at  the  head  "San  Antonio  Company's  vrells"? 

A    Ye£j,    sir. 

0     And  under  that  division  into  columns,    "number  1",  ' 
"Nuijibtir  2"  ana  so  on  to  number  8,   and  then  the  next  is  num- 
ber 14.     You  notice  also  a  column  to  the  rifht  of  the 
column  headed  number  14,  with  ttie  heading;     "Cement  shaft"? 

A    Yes,   fcir, 

0  And  then  next  to  that  is  the  "West  Hellman  Well";  and 
next  to  that  still  proceeding;  toward  the  ri^;l:it  is  "West 
side  well  number  2."  Are  you  acquainted  with  the  locality 
of  those  several  objects  which  m-Q   mentioned  in  those  col- 
umns *? 

A  Yes,  sir. 

Q  At  the  head  of  those  columns,  I  should  say? 

A  Yes,  sir. 

Q     Can  you  point  out  on  this  raa]),  plaintiff's  Exiiibit  1, 
about  tlie  locality  of  thw  San  imtonio  Well  number  !"> 

A    That  is  about  the  position  of  mujiuir  1  well,   in  refer- 
ence to  the  map  liere.   It  is  the  \/esternmost  ^^vell  of  the 
series. 

Q     Of  tlie  San  Antonio  Corauanv's  v/ells? 

A    ves,    sir.     They  come   in  that  order,   2,   o,  ^>,    T^,   and  6, 


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which  is  tlie  Rubio  v/ell,  I  believe,  so-called;  that  is  ray 
under standing  of  it  at  least. 

Q  Alii,    the  Haskell  v;ell? 

A    The  Haskell  well  I  noted  i.s  v/ell  No.  b  in  hi^^   notes, 
the  Haskell  well  number  2;  it  would  be  the  number  8  noted  here, 

Q  Oh,  Oh,  well,  in  your  notes  yes,  but  in  this  tabulation 
hero,  the  Haskell  7/ell  is  how  designated,  on  tliis  plaintiffs* 
exiiibit  3? 

A  As  namber  8. 

Q     Ana  tlie  niraber  14  of  that  tabulation,  ^jlcxintiff 's  Esdiibit 
'6  is  situated  where  on  this  ma])  Plaintiffs'  Ex>iibit  1? 

A     I  don't  know  of  a  number  14, 

0    Well,   did  you  make  measurements  or  any  observations  on 
the  v/ell    at  the  lead  o^  the  Eady  tunnel,   the  lon^  tunnel, 
tiuinel  number  2*^ 

A    Wliich  well  do  you  refer  to? 

Q     I  refer  to  this  well  up  here  at  the  he<id  of  that  tunnel. 
I  don't  know  v^iether   you  did   or  not.  Was  there  any  cement 
shaft  over  tliere  at  v/hich  you  did  make  meas'orements? 

A     Yes,    sir;    Lhe  cement  shaft  on  the  Eady  tunnel,    or  tnis 
tunnel  number  2,  which  was  called  nan>>er  5  weir;   at  that 
I  made  a  measurement  whenever  I  could. 

Q     Marked  "Cement   shaft"? 

A    Yes,   sir. 

0     I  s(je  you  made  no  measiarements  on  well  No.    14,     The 
column  is  blank, 

A    Yes.     The  cement  sliaft  I  made  measurement s  on  as  siiov.ti 
hei'e. 

Q     Now  under  the  column  or  rather  in   Uie  coluimi,   the   seconc 


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one   frora  tho  extreme  ri^it  is   the  Caption  "West   side  well 
nuEiber  2":  Wliere  is   that  west    side  well  number  2'> 

A     That  is   at  this  point  marked  here  artesian  well  number  2, 
That   is   t^ie  way  I  knew  it  and  reported  it  on  the  notes,  well 
niiriber  2. 

Q     Tliat  is  near  the  north  boimdan-  of  the  90  acre  tract 
on  this  plaintiffs*  Exhibit  1' 
A    Yes,    sir. 

Q  And  then  tlie  last  -  There  is  one  I  omitted  to  call  your 
attention  to,  the  west  Hellman  well:  ¥nere  is  that  situated 
on  plaintiffs'   exiiibit  l*? 

A     At  this  point  here  in  the  northern  part  of  the  tract  in 
section  4„  a^Dparently  at  the  upper  end  of  this  tunnel  line 
Y. 

0     riie  Y  tunnel? 

A    Yes,   sir;    as   sliown  here. 

Q     At  tlie  extremity  of  the  westerly  brunch  of  the  Y  tunnel? 

A    ves,    sir;   two  or  three  hundred   feet  south  of  the  Base 
Line,   tlie   well  is  situated,    on  the  ^^ound. 

0     I  call  vour  attention  to  this  plaintiffs'   Exiiibit  3, 
aiKl  in  the  coliomn  for  date,   year  1904,  July  27th;    I  see 'that 
.mc[er  the  column  of  nr^e  of  observ-er  appears  the  na:ne  F.H. 
peed. 

A    That  represents  my  meaaureraont.     F.H.  Reed  represents 
JB  Bhovm  here  r^  measurements  on  these  dates  follov,ing  July 

Q     State  whether  or  not  you  hegan  to  make  measurenents  at 
:'.at   txme  of  t^.e   >mter  f  Icinf,  at  the   several  weirs  and   the 
«.te«  from  t.be  several  .ells  .^   the  elevation  of  water  in 


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1 

2 
3 
4 
5 
6 
7 
8 

10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


_9 ■-•■^4 

that  Hellmari  vmll,   and  the  elevation  of  water  in  tiiat  artesian 
well  nur.T})er  2  on  that  clate*^ 
A    yea,    sir;    cornmenci  n(5  on  that  date. 
Q     Have  you  exa-nined   this  particularly,   this  dia^^a/a 
plaintiffs'   exliibit  5? 

A    ves,    sir;    I  have  gone  over  all   the  entries  in  it  since 
ray  last  exaiaination  here,   with  a  view  to  deterrainine:  v/lieter 
it  coincided  with  my  orif^inal  notes. 

Q     You  at  tiie  time  made  tliese  vtirious  rneasurerncnts  did  you? 
A     I  nado  notes  and   kept  a  record  of  the  neasueements     as  I 
made  them  ana  each  of  these  points  you  raentioned. 

(}     Nov;  state  v/hether  tlie  resiolt  of  those  measurements  has 
been  correctly  transcribed  on  to  this  diagram  or  chart, 
plaintiffs'   exliibit  5? 

A     It  has  practically.   I  found  some  triflin.^  differences 
fromiiy  measurements  that  I  have   ignored,   to  the  extent  of 
witiiin  half  an  inch,   as   shovm  here,   these  quantities  being 
shoTTn  in  miners'   inches;  my  report  showed  them  in  cubic  feet 
per  seonnd;   and   the   difference  here,   except  where  I  have  made 
tlie  corrections  to  agree,   there  is  no  difference  from  the 
date  July  27th;   I  a;n  not  referring  to   this  above  but  from  th.at 
on  vbere  I  liave  taken  the  measurements;   there  is  no  difference 
in  this  exliibit  from  my  memoranda  within  one  half  tm  inch. 
Q     Now  then,   somewhat  more  particuLxrly  a/^ain  in  relation 
to  this  chart  or  diagram:   the  first  column  under  the  head 
"njir-iect  of  observer",   wherever  your  name  F.H.  peed  appears, 
indicates   \\iiat? 

A     Indicates  tliat  I  made  tlie  measurement   solely. 
Q     And  \;here  your  mmie  appetirs  in  connection  with  that   of 


on  .■^': 


i         A 


.  r>    ^-f 


jm _^ 

sonebod}'-  else,   vhat  does  that  indicate' 

A     It  indicates   tliat  they  v;ere  piesent  at  the  raeasurin^^,   or 
made  the  raeasm'ements  with  me;   that   is   tiiey  maciie  measm'ements 
al{;o,   each  makinr;  independent  meaeurements. 

Q     Then  wliere  the  ditto  marks  or  the  double  cor.imas  appear 
th(jre  underneath  your  name,   or  under  nealbh  your  name  with 
other  pta'ties,   they   inaicate  v^ha-o? 

A     They  indicate  a  repetition  of  that  name. 

il     A  repetition  of  the  observer  or  observers? 

A     Yey,    sir. 

Q     Now,  under  the  column  headed  date,  what  do  those  figures 
indicate? 

A     Tliat  colui/in  indicates  the  date  of  tiie  observation. 
Q     And  the  figures  in  tlie  first  column,  weir  number  1, 
indicate  \iia.t? 

A     Indicate  the  anount  of     ater  flov/ing  over  the  veir 
in  minors*   inches. 

0     ^feasm-ed  under  a  four  inch  pressm-e*? 

A    Well,   taken  on  the  basis  of  an  inch  of  water  bein^;  Lhe 
fiftietli  part  of  a  cubic  foot. 

Q     One  fiftieth  of  a  cubic  foot  flow  per  second' 
A    Yes,  sir. 

Q     Tliat   is   true  of  all  the  measurements  on  th.is  cliart? 
A     ves,    sir;    tliat  is  so. 

Q     The  f  igrures  under   tlie  column-  headed  veir  number  2  show 

\/hat? 

A  They  show  likewise  tlie  ammint  of  subic  feet  per 
Bocond  for  that  weir.* 
0  In  cubic  feet  per  second? 


;iJjo;;j  I 


•f     A 


Of 


^ou 


11 

A  In  miners'  inclies,  in  this  ex'.ibit.  I  7/ould  say  tha,t  all 
the  quantities  in  the  different  columns  of  the  v/eirs  are  a 
record  of  miners'  inches  flow  over  the  weirs  for  tlie  dates 
given. 

0  You  explained  in  part  about  these  several  v/eirs  on  the 

left  h.:.Jid  side  of  this  tabulation,  ana  I  v;ill  ask  you  merely 

about  tiiat  weir  8,  the  column  under  the  weir  number  8;  where 
\iere   those  measurements  made? 

A  This  is  the  point  here.  It  is  a  division  box.  I  was  told 
it  was  called  also  the  Creek  Division  Box;  it  is  the  ter- 
mination of  the  30  inch  pipe  line  leading  the  water  from  the 
canyon,  immediately  west. 

Q  Wlien  you  speak  of  the  canyon  vhat  do  you  mean' 

A  The  arroyo  or  depression  or  creek. 

Q  Cucamonga  Creek? 

A  Yes,  sir. 

Q     And  down  to  a  point,  with  reference  to  the  Mountain  View 
Hotel? 

A    Well,   it   is   south  of  the  ^fountain  View  Hotel,  perhaps 
150  feet,   and  alongside  a  road  leading  from  the  county  road 
to  the  hotel,   on  the  westerly  side  of  the  driveway. 

Q     Now  these   coiuinns  on  the  right  hand   side  of  the  exiiibit, 
under  the  general   caption   San  Antonio   Company's  T.ells, 
corinencing  v;ith  number  1,   those  figures  in  the  column  headed 
number  1,   show  what? 

A    They   show  the  amount  of  water  in  inches  flowin^t;  at 
number  1  weir,   San  Antonio  Company's  wells,   at  the  time 
measured  in  tliis  record. 
— Q — Was  thtt  weir  nuiaber  I  correspond  with  -the  vjell  mmiber  1? 


MOX      A 


J2 — i^i^ 

A     It  corresponds  with  the  well  number  1,   the   weir  being 

at  the  \7ell  number  1.     The  well  number  5,   the  -^eir  is  situated 
sor^  distance  south  of  the  v/ell,  water  bein^  conveyed  in  a 
pipe  to  the  \Yeir. 

Q     As  to  all  those  v/ells,   numbers  1,   2,   b,  ^,   •  ,   6,   7,   8, 
Sixn  Ant.  nio  Co:;ipany's   v^ells,   the  figures  in  the  columns  having 
those  headinf^s  respectively,  mean  v^iat  in  the  course  of  your 
observations? 
A    Tliey  mean  the  quantity  of  miners  inches  flowin/i;  at  the 
tine  the  measurements  were  made,   as  shown  in  this  olunn  to 
the  left  opijosite  this     entry. 

0     As  ascertained  by  yourself? 

A     or  with  others  as  sho\vn  here. 

Q    How  was  that     ater  obtained   from  the  well'  How  did  you 
have  the  opportunity  to  measure  it?  Were  the  wells  being 
pumped  at  the  time? 

A  The  wells  were  being  pumped.  In  case  of  the  San  Antonio 
CcTpanv's  wells  there  would  be  no  opportunity  to  measure  at 
the  weirs  unless  the  pumps  were  running. 

Q     Now,   you  continued  those  measurements,   referring-;  to  this 
diagram  to  refresh  your  recollection,  until  vhat  time? 

A    Until  the  4th  day  of  June,   the  Srd  or  4th  day  of  J^jne, 
1906. 

Q     A  period  then  of  near  2  years? 

A    -^res,    sir;   22  months  a}>out. 

Q     Now,   tlienm  in  the  year  190^^  the  first  observation  that 
you  made  on  the  flow  of  the  San  Antonio  CopTpany's  wells  was 
of  if^tit,  dato*^ 

A    July  27th,   to  the  best  of  rny  recollection.   It  is  s]\o\m 


A     IP 


•fH      k 


13 


U88 


hei'e  as  tlie  27th.     I  can't  remember  ^vithi^  a  day  at  this  time. 

Q     No  J,   I  find  that  lookin^i;  into  the  several  spaces  for 
notation  of  that  date,   tliat  on  July  27th  there  is  nothing 
recorded  on  the  San  Antonio  Water  Com|)any's  wells;   so  that 
coripany's  'jells  were  not  heinf-^  pumped  then  or  do  you  have  any 
recollection  of  tliat  c,t  all? 

A    No.     My  remembrance  is  that  tiie  pumps  were  running  but 
the  vreirs  were  closed  with  locks  so  that  I  could  not  make 
the  raeasui''ements. 

Q     The  first  recorded  date  of  your  observations  on  the  San 
Antonio  Water  Company's  wells  was  v/hat  date? 

A  On  the  2nd  of  August. 

Q  On   the  2nd  of  August  what  year? 

A  2nd  of  A.u,^^ist,  1904. 

0  Tliey  seem  to  run  then  consecutively  forward,  September, 
October,  November,  December,  to  Janufjry,  1905,  and  on  the  7th 
of  January/,  1905,  the  recorded  measurements  of  those  wells 
seoms  to  cease. 

A  Yes,  sir. 

Q  Do  3'ou  know  ny thing  about  wliat  occurred  at  that  time 
the  7th  of  January,  1905? 

A  My  remembrance  is  that  we  had  rains  and  that  the 
puiipKS  \/ore  closed. 

Q  Tlie  next  entry  appears  to  be  August  15th,  1905,  Do  you 
renenber  «jiy  circumstance  connected  with  those  figures  appear- 
in^3  in  any  of  the  columns  under  the  head.  San  Antonio  Company's 
wells? 

A  I  made  measurements  of  certain  of  the  wells  on  tl;e  15th 
and  loth. 


.oPf    A     h 


0 


.V     n ' 


'i      k 


''^Li 


M ■■ : 

Q     V'lien  you  say  you  made  raeasurernents  on  certain  of  the 
wells,  do  you  mean  the  v;ells  or  meaeuremeints  of  the  v/ater 
flowing  from  the  wells? 

A    Measurements  of  the  V7eirs  I  sliould  have  stated,   at  the 
number  1  weir  and  at  the  number  8. 

Q     Well,  that  is  the  Haskell  well,   ien't  it,  6? 

A    Yes,   sir.     Those  v/ere  running  and  I  had  access  to  the 
T/eirs  on  those  days  and  noted  the  flow. 

Q    Tiien  tiiere  seemed  to  be  blanks  in  the  following';  spaces 
for  quite  a  long  time.  Why  was  that? 

A     ^fter  the  18th  the  v/eirs  were  unifonnly  locked  so  that 
I  dian't  have  access  to  them  to  make  measiirements  and  on 
those  days  I  omitted  it. 

Q     Did  you  receive  any  informtion  from  the  San  Antonio 
Water  Company's  or  its  erai^loyees  on  th.e  grounds  about  the 
locKing  of  the  v.eirs?     Did  they  tell  you   anytliing  about  it? 

A    No;    there  Vv-aa  nothing  said  to  me  b}'-  any  official  there 
t/iat  I  reneraber. 

Q     Do  you  kno'w  during  that   time  whether  the  v;ells  v/ere 
puriped? 

A    Yes;    they  wore  piunping. 

Q    But  the  weirs  were  locked  end  you  couldn't  make 
measurements? 

A    This  doesn't  show  except  an  entry  tliat  I  placed   in  here 
on  the  18th  that  the  wells  were  ^-umping,  but  the  weirs  were 
locked,   and  riy  understanding  is  that  they  were  pum^nng  con- 
tinuously after  this  date,  but  I  hadn't  knowledge  of  the  fact 
that   tliey  were  pum^jing  every  day  tliereafter,  nor  what  v.-ells, 
excent  bv  ref errin'-'-,  to  ^y^  oririnal  merioranda. 


r'nH 


15 


d90 


Q     You  have  those  raemoriaida  go  tliat  you  could  EiJike  refer- 
ence '-.o  them  and  ascertain  about  tliat? 

A    Yes,   sir. 

Q  All  rig}]t.  Proceed  down  the  column.  I  see  yo^  have 
measurernentB  under  date  September  2b,  1905, 

A  Mr.  Trask  yihb   out  in  the  district  that  day. 

0  Mr,  F.E.  Trask  the  engineer  of  the  company? 

A  Yes,  sir;  xiie   engineer  of  the  corqjany.  And  together 
we  measured  the  various  weirs  of  both  pai'ties  interesited, 
and  in  that  way  I  made  the  measurements  on  that  date  in  com- 
pany with  Mr,  Trask.  And  also  on  the  50th  of  the  month 
a^cain  it  is  sho\?n  here, 

0  Yourself  and  Mr,  Trask? 

A  Yes,  sir.  On  the  7th  of  October  there  \vas  Mr,  Trask  and 
iir,  Clia'k,  v;ho  thereafter  accom_janied  me,  Mr.  Clark  repre- 
sentin^^  the  San  Antonio  Water  Company,  We  made  the  measure- 
ments of  all  the  weirs  thereafter  from  the  7th  of  October 
until  the  4th  of  November  follov/ing, 

Q  Do  jou  know  anytiiin^^  about  the  arrangement  that  was  made 
betv/een  you  and  ¥r,   Clark  or  any  of  the  officers  of  the  San 
Antonio  Water  Ccm^iany  on  that  subject  of  the  joint  measure- 
ments ?  Do  you  know  personally  about  it? 

A  Th.e  only  arrangement  v/as  that  in  the  case  of  Mr.  Clark 
or,  formerly  the  earier  measurements  with  Mr.  Sanders,  that 
I  could  make  my  measurements  as  Mr.  Sanders  opened  up  the 
boxes,  and  as  I  opened  up  the  ones  that  I  had  the  keys  for 
v/ith  rae,  so  that  the  only  arrargement  v/as  the  matter  of  the 
meeting, 

Q  Vfliat  I  wanted  to  know  is  whether  vou  and  Mr,  Clai-k  went 


16 


691 


together  for  uia-t  period  of  sevfcral  v/eekB  and  made  measure- 
ments jointly/,   and  how  it  happened  that  you  and  he  v/ere 
together? 

A    That  v.as  due  to  an  arrangement  made  by  Messrs .  Pur  cell 
and  Wrip^.t  to  arrange  for  the  opening  of  these  v/eirs  so  "hat 
I  ^l;ould  have  access  to  them. 

Q    You  don't  knov;  of  that  arrangement  personally  except 
v/liat  tliey  told  you' 

A  Thev  advised  me  of  the  fact. 

0    You  made  the  last  measurements  that  you  have  en  Uie 
San  Antonio  Water  Company's  ^;7ells    ,   that   is,   tlie  water 
floT/ing  from  them,   on  what  date? 

A    On  the  4th  of  November. 

Q    What  yeai'? 

A     1905. 

Q     You  continued  your  measurem.ents  on  tlie  v/eirs  and  \7ells 
of  the  Cucamoru!;a  Vineyard  Company  till  tome  time  next 
summer,   omitting,  hov;ever,   the  San  Antonio  Con^iany's 
wells? 

A    Ye^i,   sir. 

Q  I  think  there  t^re  some  exceptions  liere  to  measurements 
of  v/ater,  that  is  the  flow  of  water,  in  th8,t  column  under  the 
head  of  West  Heliman  well.  Wliat  v/ere  you  measuring  at 
that  well? 

A  I  was  measuring  the  present  hei(;^t  of  the  vra^ter  "belov/ 
the  top  of  the  pipe  in  that  v/ell  daily. 

Q  You  mean  the  present  height  or  the  hciglit  as  it  appeared 
on  that  date? 

A  As  it  appeared  on  that  date  -  on  the  dates  shown.  The 


17 


L 


heif^hts  daily  of  the  water,   and  also  in  thb  well  known  uS  Ar-rn 
tesian  \/ell  No.   2,  which  is  marked  here   "West  side  well  No.   2" 

Q     In  the  column  under  the  head  "West  Hellrnan  well"  oc- 
cur    the  \.ords  inrnediately  below  the  top   "Meaeures  feet 
below  casing".  Does   tl:iat  mean  the  top  of  the  casing? 

A    That  means  the  top  of  the  i^ipe  casing  -  of  the  v;ell 
pipe,   -  which  ic  not  at  the  surface  of  the  ground,  but  a 
matter  of  45  feet  below  the  surface.     Tliere  is  a  .v'ooden  shaft- 
an  excavtition  -  apparently  made  to   that  depth,   and  then  a  v/ell 
driven  from  Uiat  point  d&v.-n,   so  that  this  pipe  is  accessible 
by  xobiuia  of  a  ladder  to  that  point,   th.e  top  of  the  casing 
being  some  4S  feet  below  the  surface  of  the  ground,  the  meas- 

ui'ements  being  made  then  from  the  top  of  this  casing  to  the 
surface  of  tlie  water, 

Mr.  Chapman,   Q       Are  you   still  refer  ing  to  Hellman  Well 
No.  2? 

I'fr.  Britt:     Yes,   sir;   the  Vest  Hcilmari  Well  i'>lo.   2. 
That   is  tlie  well  at  the  \;est  branch  of  the   "Y"  turjiel, 

A     It  is   showTi  on  the  map.   I  don*t  know  the  connection  of 
tne  well  with  tlie  tunnel  personally,  because  there  was  no 
evidence  of  it. 

Q     Is  is  near  the  head  of  the  west  branch  of  the  Y  tunnel' 

A    Yes,    sir, 

Q  You  climbed  aov/n  the  ladder  eveiy  tine  you  made  your 
measurements? 

A  Yes,  sir. 

Q     Wiiat  did  you  measure  from  the  top  of  the  casing? 

A     I  neasia-ed  from  the  surface  of  the  water  to  the  top  of 
the  casing  to  deteir.iine  the  distance  from  the   top  of  the 


Til    D[[^ 


U'liJC    ..0. 


3   \0 


,  ■•-J- —  •     -i 


;i: 


10  boj^; 


JiL 


dy4 


1 

9 

3 
4 
5 
6 


date. 

0  Nov;,  ijinder  the  designation  "cement  '■haft"  bein^^  the 
fourth  column  from  the  rit;lithand  side  of  this  map  there 
seened  to  be  some  entries:  Yv-§.at  do  those  indicate? 

A  This  represents  the  measurement  in  miners  inches  of 
the  flc./  of  the  tunnel  water  at  that  point  of  the  cement 
Biuift,  of  the  weir. 

Q  What  tunnel  is  that? 

A     Tunnel  No.   2,   as  I  am  farailiar  with  it. 

Q  West  of  the  red  hill? 

A  Yes,  sir. 

Q  Can  you  show  where  that  shaft  is  on  this  map,  Plaintiffs' 
Exiiibitl? 

A  I  think  it  is  about  here,  I  judge  this  from  seeing 
the  artesian  v/ell  and  the  number  4  and  4A  points  as  sho\/n. 
I  know  it  is  about  a  matter  of  100  or  l^'O  feet  northerly 
from  that. 

0  That  is  100  or  IfiO  feet  northerly  from  the  points  des- 
ignated weir  4  and  4  A? 

A  Yes,  sir, 

Q     And  you  point  to  tlie  notation  on  the  left  hand  side  or 
netiT  the  lefthand  side  of  plaintiffs*  map,   exliibit  1? 

A    Yes,   sir. 

Q  And  al)out  an  inch  and  a  half  or  such  a  matter  belov;  the 
inscription  "Well  14"? 

A  Yes,  sir. 

Q  Thure  is  a  column  here  on  this  tabulation  headed  with 
the  inscription  "Total  at  mouth  of  tunnel  number  2".  Nov/ 
that  includes  tiie  sum  of  what  tv/o  D'.  asurements  or  more  than 


tv/o,  if  such  there  were? 

A  That  includes  the  suiti  of  the  measurements  made  at  v/eir 
number  1  and  mimher  2  at  the  mouth  of  tunnel  nurnher  2,  and 
the  surroation  of  those  two  quantities  is  shovm  here  in  the 
first  and  second  columns. 

Q  Was  there  any  time  during  the  course  of  ^hose  measiu'e- 
ments  that  you  v/ere  infonned  or  received  any  information  at 
the  Haskell  -svell  or  at  any  of  those  wells  of  the  San  Antonio 
Water  conipany  tliat  you  could  not  proceed  v/ith  your  investiga- 
tiens  there? 

A  I  think  nothing  was  said  to  me  by  any  one  on  the  ground 
except,  possibly,  an  under styjiding  -  I  don't  recollect  of 
anything  being  said  at  this  time. 

0  You  merely  found  some  times  that  the  weirs  v/ere  locked? 

A  Yes,  sir;  the  \/eirs  were  locked. 

Q  Now,  during  the  time  that  the  pumping  was  going  forward 
in  the  San  Antonio  Water  Conpany's  wells  and  you  v/ere  making 
measurements  there,  state  how  continuous  that  purajjing  was? 

A  They  v/ere  pumpirjg  daily  and  seemingly  continuously. 

Q  On  \7hat  observation  did  you  base  the  remark  that  they 
seemed  to  be  pumping  continuously? 

A  I  made  daily  trips  to  the  hills  for  the  purpose  of 
measuring  these  various  weirs  and  noting  them  if  these  uraps 
were  running  and  noting  whether  v/uoor  v;as  jja-ssin^;  uver  i-iiose 
weirs,  and  I  knov^  of  these  v/ells  being  pumped  at  such  Limes 
as  I  was  on  the  ground,  but  infer entially  that  they  were 
continuously  pumping;  at  certain  recurring  trips  tliroughout 
the  24  hours  that  the  plants  were  in  operation,  led  me  to 
think  that  they  were  continuously  in  operation  during  that 


+n 


II 


I     A 


r^r-.    ;>'r :  w      •■■   -n 


21 


pai^ticuilar  period. 

0     Were  you  there  at  nif-i^t*? 

A    Yes,    sir. 

Q     You  found  them  goirv;  in  the  ni-iit  time? 

A    Yes,   sir, 

Mr,   Britt:  I  believe  v/ith  the  exception  of  '-hose  Mank 
spaces  dovm  there  which  the  witness^  thou,^it  v/ere  the  pumps 
in  operation,  although  the  tabulation  shows  nothin^^  of  it, 
and  as  to  which  he  desired  to  refer  to  his  original  memoranda, 
that  is  all  I  v/ant  to  ask  him. 

Gross  Examination. 

Mr.  ChapEian,  0    You  say  you  were  employed  by  the  Cucahonga 
Vineyard  Company? 

A    Yes,   sir. 

Q    Vifho  \ms  the  individual  that  did  the  talking  v/ith  you  or 
coLF.iuni eating  vdth  jjou  that  led  to  your  employment? 

A    Mr.  Gervaise  I'nrcell, 

0     Is  he  an  officer  of  the  Cucaraon^^a  Vineyard  Company? 

A    Not  that  I  know  of. 

Q    Hoy/  did  you  ascertain  the  fact  that  it  Vi?as  the  Cucamonga 
Vineyard  Company  that  employed  you*!* 

A     I  thinic  he  informed  ne  of  that. 

0     Since  you  left  the  stand  the  other  day? 

A     No;   I  tiiink  soon  after  I  v/as  er^ployec   or  about  that  time. 

Q     You  v/ere  inforraed  by  him  that  you  v/ere  employed  by  the 
Cucaiiionga  Vineyard  Company? 

A    Yes,    sir, 

Q    Y/liat  led  up  to  the  conversation  after  you  were  employed? 

A     The  matter  of  my  remuneration  I  ti^ink  wus  the  cause  of  it. 


Y     K 


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22 «97 

Q    You  Uiiiik? 

A     Some  little  tiiae  after  I  was  raaking  these  measiirermints 
on  the  question  of  ray  remuneration  and  whom  to  render  an 
accoun'G  to,   I  was  told   in  v/hat  way  so  that  I  \/Ould  knov;. 

Q     To  v/hora  to  go? 

A    Yes,   sir. 

Q  Have  you  had  any  conversation  with  him  since  you  were  on 
the  Y/itness  stand  the  other  day? 

A  Not  a  \/ord. 

Q     Nor  v;ith  Mr.  Wriglit? 

A    No. 

Q  Nor  with  any  one? 

A  Not  in  reference  to  tiiis  question. 

0  To  ^hom  did  you  make  your  reports? 

A  To  Mr.  Pure ell. 

Q     In  corri^jaring  your  notes  7a.th  this  sheet  can  you  tell  us 
whether  all  the  measurements  that  you  made  are  accounted  for 
on  this   table  here? 

A    Yes,  sir. 

Q     All  Lhe  measurements  tiiat  you  made? 

A    All  the  measurements  I  made. 

0    Tlirouf^iout  that  entires  section? 

A    Yes,   sir. 

Q     Ai'e  you  still  in  the  einpluyment  of  the  Company? 

A    No,   sir. 

0  How  lon^5  since  your  emplo^mient  ceased? 

A  Sinc;e  the  first  week  in  June,  1906. 

q  It.be^^an  in  July,  1904? 

A  Yes,  sir. 


^JtOI+Of) 


A     |i<'i 


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23 


tj98 


Q     And  your  errriJlo^/Tnent  related  solely  to  the  making  of 
raeasureraents  of  the  Saji  An  Tonio  Water  Comi)ajiy'B  wells? 

A    Yes;    that  v^-as  all  that  I  was  reqiured  to  do  -  was  to 
make  these  measireraents  and  report  the  measurementB  as  made 
to  Mr.  Piircell. 

Q    You  rn-dde  measurements  at  the  Hellman  Well  No.   2  did  you 
not? 

A    Yes,   sir. 

Q     Tliat  'ms  included  in  the  San  Antonio  Water  Coiqjany's 
T/ells? 

A     I  made  the  measurements  of  the  Hellman  well;   yes;   daily, 
as  well  as  the  others. 

0     And  did  you  include  that  or  v/as  that  included  in  your 
opinion'  with  the  San  Antonio  Water  Company's  wells? 

A     It  ?7aB  merely  one  of  tav  duties  to  make  these  meas- 
urements  as  directed,   of  these  -Afells. 

Q     I  understood  you  to  say  that  your  employment  v/as  for  the 
measurement  of  the  San  Antonio  Water  Company's  wells.     Am 
I  correct  in  supposing  that  Trou  said  that? 

A    No;   not  as  bein^^  all  that  I  was  doing.   I  must  have 
raifumderstood  ^^ou  evidently. 

Q    Miat  all  did  come  v/ithin  the  scope  of  your  employraent? 

A    Measuring  all  of  the  v/ells  or  v/eirs  T/ithin  that  district. 

Q    Miat  district? 

A    Tlie  district  shoi.Ti  on  this  map, 

Q     Does  that  map  show  the  Lone  Star  district? 

A     I  don't  knov/  the  Lone  Star  district  by  name. 

Q     Do  you  know  the  Lone  Star  tunnel? 

A    No,   I  don't  think  I  do.  


■xtji'-.j-icn 


Hi     ^Oi'i       A 


2/1 


ii99 


Q  Did  Tou  make  anv  measurement  of  the  Lone  Star  wells  or 
v/aters? 

A     I  made  measurement  of  the  ^vell  kno^vn  ac  Lone  Star  n'uimiber 

2,  I  think;   also  knovv-n  as  numher  5  in  the  numbering  shown 

in  that  exliibit  6, 

Q  What  nwiher  T)  do  you  refer  to? 

A  Number  1)  of  the  Cucaraon^a  wells. 

Q     Guoarion^^a  Wa.ter  Cotn[)any  'vvells? 

A  Yes,   sir. 

()  You  don't  refer  to  the  number  ."'  of  the  string  of  wells 

to  tlie  north? 

A  No. 

Q  Were  the  measurements  of  the  Lone  Star  well  to  -hioh  you 
refer  as  nuraber  5  recorded  on  this  diagram? 

A  Yes,  sir. 

Q  Did  you  make  any  neasijirements  of  the  Sunset  Watf-T  Company 

wells? 

A     I  think  not. 

Q  Did  you  naice  any  measurements  of  the  Old  Settlers'   v/ell? 

A     I  don't  knoY/  that  well  by  that  name. 

Q  Did  you  make  any  measurement  of  tlie  HeiTiosa  Company's 
wells' 

A  No. 

0  Every  measui-ement  that  vou  did  make,  and  whatever  \vell 

it  is,  is  recorded  on  this  diagram  or  table? 

A  Yes,  sir. 

Q  Totgether  with  the  date  when  it  was  made? 

A  Yes.,  sir. 

0  Did  you  make  any  measurements  of  the  creek  \mter  -  Cuca- 


.  oi-i     A 


,a»y    A 


Or.  ;■ 


Y    A 


25 


7\)y, 


moiiga  CreekT 

A     I  made  no  very  precise  measurements  of  the  creek  V/uter, 
I  think  at   ona  tine  during  a  flov/  of  v;ater  after  a  rain  I 
made  a  rou^i  approximation  of  the  v/ater  flov/ing  in  Cucainon^a 
Greek. 

Q    Wriereabouts  in  the  creek  did  you  make  the  raeasurement? 

A     It  was  merely  an  estimate.  Near  trie   county  road  bridge 
south  of  the  Mountain  View  Hotel. 

Q    Co  you  knov/  ^here  the  point  of  division  is  betv/een 
Ciuja'iiori^^a  Vineyard  Company  and  tlie  Cucainonga  Water  Corrii.oany 
of  the  waters  of  the  creek  and  that  Y  tunnel?  Do  you  know 
v/hore  it  is? 

A     I  don*t  understand  trie  question. 

Q     Do  you  know  thtt  the  Vineyai'd  Company   takes  one  half  of 
tlie  "v7aters  from,  the  Cucamonga  Creek? 

A     I  don*t  know  v/hat  amount  they   take  from  that. 

Q    Do  you  knov/  that   they  do  t  ake  some? 

A    All  I  knov  of  that  is  the  ajnount  of  water  vhich  I 
guaged  at  the  number  8  v/eir  or  creek  division  box  as  it  is 
called,   daily. 

Q    You  did  malce  measurements  there? 

A    Yes,   sir. 

Q     And  they  tu-e  f;hov«i  on  tliis  table? 

A    Yes,   sir. 

Redirect  Examination. 

Mr.  Bi'itt,  Q   State  whetlier  you  made  the  measiu' omenta  at 
the  various  points  as  you  were  instructed  by  Mr.  Purcell? 

A  I  dad  so,  to  the  best  of  v?j   ability, 

Q  Were  your  measurements  correct? 


t    y   \\o 


1       A 


■^    A 


Y    A 


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26 


701 


A     I  endeavored  to  have  them  absolutely  correct  as  near  as 
it  was  possible. 

Q    You  niiide   some  measurements  jointl}-  v.ith  Mr.   Clark? 

A    Yes,    sir. 

Q     Do  you  knov;  in  what  business  Mr.   Clark  y.^s  erigaged? 

A     I  think  he  was  a  collector  of  gaB  rates  or  electric 
chiiTges  of  Bone  kind  t}irouj;;Ji  the  coimiunity,  and  an  insur- 
ance agent,  or  soue tiling  of  that  kind;  not  a  techjiical  man, 
by  his   o\{n  statement  to  me. 

Q    You  and  he  vrent  together  m\d  made  a  quantity  of  measure- 
ments: do  you  knov7  ■\'fnom  h.e  v/a.s  representing  at   tiiat  time? 

A    He  was  representing  the  San  Antonio  Water  Compajiy. 

Mr.  Britt:     We  offer  in^  evidence  this  tabulation  of  the 
results  of  Mr,  Reed's  measurements  as  they  ai^e  shovm  on 
Exiiibit  3,  the  previous  offer  having  been  of  measurements 
made  by  Mr.  Marsh. 

Th.e  Court:     And   also  of  measurements  made  conjointly  with 
otlier  people? 

Mr,  Britt:     Yes,   sir. 

Tlie  Court:     It  \/ill  bw  admitted. 

RecroBS  Examination. 

Mr.  Chapman,  Q    Ho'j  do  you  knov;  he  represented  the  San 
Antonio  Water  Company? 

A    How  do  I  know  that  Mr.   -  - 

Q       Cltirk  represented  the  San  Antonio  Water    Oomp.any? 

A    By  his  having  the  keys  of  these  v/eirs  and  going  with  me 
to  make  thest;  measurements  and  keejping  a  record  of  them  for 
the  San  Antonio  Water  Coiapimy.   I  mean  merely  an  g(-:ent  in 
the  sense  tliat  he  v/as  acting  to  allow  me  access  to  the  weirs 


XJJU'J 


Zl 


V02 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


r  16 
17 

18 
19 
20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


dailv  to  mako  these  measurement  a,   aiid  his  requiring  the 
privilege  of  fiaking  the  measurements  of  the  wells  of  the 
Cucamonf^a  Oorapany  also. 

Mr.  Britt,  Q     Did  he  assist  in  making;  the  measiirements  of 
the  v/ells  of  the  Cucaraon^a  Company? 

A    He  nc>.do  his  ov.ti  measm'ements  of  those  v/eirs,  yea. 

-0- 

S.  0.   COUSINS. 

S.  Cj.  Cousins,  hi;retofore  sv/orn  and    examined,  "being 

recalled  by  plaintiffs,  testified  as  fcllov7s: 

Direct  Examination. 

Mr.  Waters,   Q    Have  you  made  a  map  shov/ing  the  lands  of  the 
Old  Settlers  situated  on  the  Guca/aonga  Ranch,   Bxid  one  outside 

of  the  boundaries  of  the  Cucamonga  Ranch? 

A    Yes,    sir. 

Q     I  hand  you  a  map:  Did  you  make  that? 

A    Yes,  sir. 

Q     What  is  sho\m  upon  that  map? 

A    The  exterior  boundaries   of  the  Cucamon£;a  Ranch. 

0    Pepresented  by  \'iiat?  Tlie  outside  black  lines? 

A    The  ouoside  black  line, 

Q     Is  that  map  to  a  scale? 

A    Yes,  sir. 

Q    TOiat   scale? 

A    880  feet  to  tiie  inch. 

Q     I  find  upon  this  map  certain  squares  marked  consecu- 
tively lots  1  to  some  l^arger  number  -   ~  17  is   it? 

A    Yen,   sir. 

Q    Wliat  do  those  squares  represent? 
A    They  represent  the  lioldiii^s  of  the 


-jj'oe 


•  • 


.2a_. 


7{),i 


separate  individuals  of  the  Old  Settlers  Wat'^r  Company. 

Q     And  you  are   faiiiiliar  with  those  tracts  on  the  ground? 

A    Yes,   sir. 

Q     Are  they  correctly  located  on  this  map   ,    relc^tive   to  the 
exterior  "boundaries  of  the  Cucaiaonga  Ranch? 

A    Yes,   sir. 

Q     I  find  a  lin«  in  yellow  and  an  inscription  "oO  inch 
cerient  pipe":  ¥nat  does  tliat  yellov;  line  represent?'' 

A    That  represents  the  pipe  that  conveys  the   v/ater  from 
the  intcike  at  the  creek. 

Q     At  what  cre«k? 

A  Cucaraon^^a  Creek. 

Q  And  extending  v/here  toT 

A  And  leading  into  the  division  hox  south  of  the  brick 
hotel. 

Q  And  the  square  v/hich  you  have  at  the  lo\/er  end  of  that 
pipe  line,  near  the  inscription  "Division  box"  is  made  to 
represent  that  division  box?' 

A  Yes,  sir. 

Q  Now  from  tiiat  division  box  on  do\>n  to  the  point  marked 
with  a  figure  5  in  a  circle  and  a  black  square  \mere  I  find 
the  inscription  "division  box",  what  does  that  represent?' 

A  That  yellov;  line  represents  the  ceraent  pipe  marked 
"2i!  inch  cement  pipe",  and  it  is  the  line  \diich  conveys  the 
water  from  the  diiision  box  south  of  the  brick  hotel  to  the 
division  box  kriovm  as  the  Old  Settlers'  Division  Box  on 
Hollman  kmnae, 

Q  That  is  a  22   inch  cement  pipe  line' 

A  Yes,  I  understand  so. 


29 


/U4 


0     Now  then,   at  the  point  mtirked  3,   that   is  on  \vha.t  street 
if  any? 

A    HelLnaii  ATenie. 

Q     From  the  point  laai^ked  '6  I  find  extending  helov/  and 
ea{3t-([7ard  a  continuation  of  the  yellow  line  on  \viiich  is  in- 
scribed the  v/ords  "Old  Settlers'  Pipe":  Wiat  does  that 
represent? 

A    That  is  the  pipe  line  tliat  takes  the  Old  Settlers* 
uator  from  the  division  box  into   their  distributing  system. 

Q     I  find  other  yellov;  lines  radiating  from  that   east  and 
south:  ¥nat  are  those  yellow  lines  and  lAihat  do  tiiey 
re])reaont? 

A     It  is  the  general  distributing  system  of  the  Old  Settlers 
\VaL^;r   Gorapan^". 

Q     As  it  exists  on  the  ground? 

A    Yes,   sir, 

0  I  find  a  yellow  line  extending  northv/ard  to  a  point 
v/h(jre  there  is  a  circle  marked  "Old  Settlers  Well"  on  lot  1: 
Miat  does  that  vellow  line  represent? 

A  That  represents  the  pipe  line  connecting  that  general 
sysyera  v/ith  tlieir  s.ell  situated  on  lot  1. 

Q  Nov;,  lot  1,  \;hat  place  is  that? 

A.  That  is  called  the  Old  Settlers  Water  Company's  lot. 

Q  It  has  not.  naj:ie  as  a  farm  or  orchard? 

A  No,  sir. 

Q  Lot  2  is  what? 


A 

D.L. 

Davenpori 

.  lot. 

Q 

W^lat 

place  if 

that  f 

jailed? 

A 

Tie 

Davenport 

place, 

50 


705 


23 
24 
25 
26 
27 
28 
29 


Q  Lot  3  is  vjliat? 

A  The  Frank  Smith  jjlace, 

Q  Lot  4  is  what? 

A  Tiie  Oscar  Wilkenson  place. 
Q  5? 

A  D.R.  Kilburn'B  pl;.ce. 

0  Lot  f^'> 

A  The  Fox  place. 

Q  Lot  7  is  v.haf? 

A  It  is   ..iii..t  v/as  the  J.I.  Hall  place.   It   is  now  the 
Bajaian  place. 

0  In  the  southwesterly  corner  of  that  I  find   a  subdivision. 

A  That  is  ine  CUcainonga  School  District  lot. 

Q  Lot  8  is  v/hat? 

A  T'.ie  Manchester  lot.   It   is  now  the  Ora  Oak. 

Q  Lot  9? 

A  The  Elizabeth  Sraibh  lot. 

Q  Lot  10? 

A  The  Denhara  lot. 

Q  Lot  11? 

A  The  Norwood  property. 

Q  Lot  12? 

A  The  Feron  lot. 

Q  Lot  lo? 

A  Stinchfield. 

Q  Lot  14? 

A  Miller. 

Q  15?. 

A  S.  B.  Kincaid. 


.jI.U 


A    1!^ 


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1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
39 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


..SI ^ --^-^ 

Q  16? 

A  Mrs.  Kincaid. 

Q  17? 

A  Jolm  Maddock. 

Q  The  Maddock  place,   is  that  v;ithin  or  without  the 

Ciicarnoi'i^^a  Ranch?' 
A    To   the  best  of  my  knowledge  it  is  '.without  the   Oaca-nonsa 

Eanch . 

&,     I  find   a  certain  tabulation  upon  this  map.  Take  the 
one  to  the  left  haad.  YTnat  does  that  represent  or  intend  to 
represent? 

A    The  first  coluj-rm  is  the  figures  1,   2,   'S,  4,   5,   and  so  on 
do\7n  to  13,   and   is  the  numbers  vtiich  are  mi.rked  on  certain 
portiono  of  the  exterior  boundaries  and  opposite  to  those 
several  nirabers  there  is  letters  indicating  the  course  or 
direction  west,  north,   east  or  south. 

Q    Wn'dt  does  it  mean?  What   is  it  for? 

A     It  stsjids  for  the  course  of  the  line  on  v/iiich  the  mjirabers 
are  placed  in  the  exterior  boundaries. 

Mr.  Chaprnan,   Q     And   cormencing  with  nunber  1? 

A    Yes,    sir;   and  numbering  consecutively. 

Mr.  Waters,   Q     To   -.^at  in  the  world  do   tiiey  relate? 
Do  those  numbers  relate   oo  these  lots? 

A    The    exterior  bound aj'ies  of  the  ranch. 

Q    What  is  it>  for? 

A     I  v/ill  explain,   cornnencing  v/ith  number  one  - 

fTr.   Chapman,   Q     Is  tJiat  a  station  called  in  the  ranch  land? 

A    No  .  sir;    it   is  not.  '„y  have  number  1  marked  on  the  line. 

The  Court,   Q     It  indicates  a  course? 


TUT. 

A    And  in  the  next  colurjn  headed  by  the  word  "Course"   it 
saya  "west". 

Mr.  v/iiters,   Q    Have  you  merely  copied  that  off  some  map? 

A    Yds,   sir. 

Q     Does   it  serve  any  purpose  for  this  subject  matter  for 
w}iich  I  an  havin/^  3'ou  miike  this  nap,   or  it  merely  an 
inscription  tiiat  you  found  on  the  map  from  which  you  took 
tliese  exterior  boundaries?     Is  this  a  table  that  you  made 
or  did  you  copy  it  from  some  map? 

A     It  is  coined  from  a  map. 

Q     Then  I  don't  care  anything  in  the  world  about  it.  Con- 
sider that  it  is  off  of  themap. 

Mr.    Qiapman:     It  is  not  off. 

Mr,  waters:     I  will  have  it  marked  off. 

Mr.   Cliapman:     If  you  let  him  talk  he  will  explain  it. 

Mr,  Winters:     It  is  somef-'ing  with  the  exterior  csurvey. 

Mr.  Chapman:     And  that  exterior  survey  would  extend  along 
here  and  bound  these  lots  that  you  have  been  talking  about. 
jvSr.  Waters:     The  testimony  of  the  witness  is  that  this  black 
line  is  the  boundarj/-  of  tlie  ranch,   and  that  is  all  I  want  to 
know. 
Mr.   Chapman:     There  are  several  black  lines, 

Mr.  Waters:     But  there  is  only  one  set  of  exterior  black 
lines.     I  don^t  propose  to  get  confused  about  it. 

Q     This  next  tabulation,  does   it  relate  to  the  subdivision 
you  have  made  here? 

A    Yes,   sir. 

Q  Rjqilain  it? 

A  It  is  a  copy  of  the  stock  book  -  or  a  partial  copy  of  the 


."wswv." 


'6'6 


\JC 


stock  book  of  the  Old  Settlers  Water  Comirjany. 

Q    No"v7,    then,   I  see  you  have  th.ere  the  inscription  "Lot  1, 
Old  Settlers  Water  Company  - 

A     Contract  of  sale  to  Willifirn  Freeman  ("i*)  20  acres,   2  l/2 
inches  of  water  from  v;ell, 

Q     Hie  re  did  you  get  that? 

A     I  got  that  from  the  secretary  of  t  e  Old   Settlers  Water 
Coripany. 

Q     And  each  one  of  these  inscriptions  now,   corresponding 
and  following  dov/n  in  columns  underneath  the  ones  which  you 
have  read,   doim  to  number  17,   ai'e  of  the  same  subject  matter 
and  relative  to  each  one  of  these  lots? 

A    Yes,   sir. 

A    Yes,   sir, 
Mr.  Chap  raan:     You   sre  not  trying  to  prove  title  nov^? 

A     No,  no,  not  at  all. 

Q     That  is  merely  put  there  for  v/hat  purpose? 

A     To  shov;  the  divisions  of  the  water  on  the  several  dif- 
ferent lots,   I  sui^pose. 

Mr,    Cliapnan.,   Q     Do  3''0U  suppose? 

A    Because  the  shares  of  stock  call  for  so  much  water  - 
a  pi'oportionate  part  for  each  lot, 
Mr,  T^raters:     I  shall  not  offer  any  of  that  data, 

Mr.    Qiapman:  May  be  we  v/ill  went  to  offer  it. 

Mr,  Waters:  Then  I  may  object  to   it  or  not, 

Mr,   Gliapman:   Then  don't  scratch  it  out  yet, 

Mr,  waters:     And  v;henever  you  start  io     o  something  we  v;ill 

tai:e   care  of  it,   I  offer  this  map  nov/  illustraive  of  the 
testijnony  of  thin  vdtness. 
Q     Mr,  Cousins,   do  you  knov/  anything  about  water  having 


.'f^' 


34 


/;)9 


run  to  vLste   from  the  Eacly  tunnel  at  any  time? 

A    Yes,   sir;    I  think  I  do, 

Q     State  v/hat  you  knov/  about  that,    \i\en  it  v/as,   and 
hc^/  much     and  under  -^^hat  cirr-uni stances? 

A     I  don't  reLiembsr  the  dates. 

Q  Give  us  the  year? 

A     Last  Y'inter  I  observed  water  coninr;  from  certain  hydrants 
to  the  Y/estWcird  of  the  Eady  tunnel,   and  in  the  year  before  I 
saA/  water  escaping  from  the  box  about  half  way   along  the 
line  from  the  Eiidy  tunnel  to   the  eastern  boundary  of  the 
Ontario  Colony  lands, 

Q     How  much  water  v;as  escax^in^^? 

A     I  don't  knoY/. 

0     About  how  much? 

A    WlLen  I  saw  it  escaping  from  the  box  as  I  have  just  ex- 
plained,  I   sliould  judge  there  might  be  somewhere  in  the 
neigiiborhood  of  100  inches  of  water, 

Q    Where  v/as  that  water  running  to? 

A    Do\/n  the  wash. 

Q     Do\/n  what  ¥;ash  and  in  v/hat  direction? 

A    Tributary  to  the  Cucamonga  wash  and  in  a  southerly  and 
southeasterly  direction, 

Q    Ffiere  would   it  naturally  runnto  from  that  point"?  To  any 
place  of  use  or  merely  to  vaste? 

A    Merely  to  waste  in  the   Cucamonga  wash, 

Q     Now,  \;hen  v/as  it  that  you  saw  that  stream  of  water  so 
going? 

A     I  t}iink  it  was  a  yoar  ago  last  winter, 

Q    Was  it  escaping  from  some  pipe  line? 


35 


vio 


A    Yes,    sir. 

'^     Well,    TJfiat  pipe  line  v/as  it? 

A     I  think  it  was  an  overflo\/  to  this  boz  that  I  described. 

0    Well,   wTiat  pipe  line  was  it  cominir  frora? 

A    The  pipe  line  that  is  leading;  into  the  box  to  the  best  of 
LTV  kno-.ledge  copies  from  the  v/est  side  tunnel  and  belongs  to 
tlie  Ontario  Power  Oompany  or  the  San  Antonio  Water  Gorffpany. 

Q     And  that  pipe  line  is   connected  with  the  Eady  tunnel, 
is   it  not? 

A    Yes,    sir. 

Q     At  this  other  time,  this  past  v/inter  when  you  say  you 
sa\/  v/ater  escaping,  you  say  you  sav/  that  escaping  from 
certain  h.ydrants? 

A    Yes,   sir. 

Q    Wjiere  were  those  hydrants  situated? 

A    They  were  situated  on  the  eastern  side  of  the  Colony 
laTids,   and  just  north  of  the  Santa  Fe  railroad. 

Q     Eastern  side  of  the   Colony  lands,   of  What  Colony? 
Cucamonga? 

A    No,   sir. 

Q    Well,   \ftiat  colony? 

A     I  don*t  knov/  where  the  exact  eastern  boundary  of  the 
Ontario  Colony  lands  are,  but  it   is  north  of  the  Santa  Fe 
Railroad,   and  just   east  of  the  avenue  -  I  don't  knov  tlie 
narie  of  it, 

Q    Wnere  is  it  with  reference  to  the  Red  hill? 

A     It   is  southwest  of  the  Red  Hill. 

Q    How  far  distant  therefrom? 

A     2  miles  I  think  or  o  miles  possibly. 


y 


i/f 


o6 


11 


Q     And  on  wliat  aqueduct  was  that   or  pipe  line? 

A    Well,    I  understood  it  was  on  p&rt  of  the  system  of  the 
San  Antonio  Water  Comj_/any, 

Q    Was  the  location  of  it  on  a  line  betv/een  tiie  Eady  tunnel 
the  mouth  of  the  Eady  tunnel  and  Ontario?  Was  that  the 
general  locality  of  it? 

A     I  think  it  v/as  connected  v/ith  that  pipe  line  that  leads 
to  the  Eady  tunnel, 

Q     How  much  vv  ate r  did  you   see  escapinf^  there,   about' 

A    Oh,   50  or  60  inches,   I  rhould   .iud^^e,   or  75. 

0    Ho\,'  many?" 

A     50  or  60  or  75  inches. 

Q     Where  was  that  vater  runni 'j::;  to? 

A     It  was  running  down  over  the  rocker  land,   and  7/ash  lands. 

Q     Runnin^^  to  v;aste? 

A    Runnin(^  to  v;aste  appsrentljr. 

Cross  Exainination. 
By  Mr,   Chaiiinan,   Q    Wlicn  did  you  fir^t  see  that  \mter  runniiig 
to  waste? 

A     I  think  it  was  a  year  ago  last  \;inter. 

Q    Wliat  ti  e  in  the  v/inter? 

A     I  don't  reiiienber;    sometime  during  the  early  spring 
nonths  or  winier  months. 

Q  Of  1906? 

A  I  couldn't  say. 

IS.  V/ATEl-iS:   I  nov^  oiTsr  tha.t  map. 

Tiie  Com*t:     I  understand  that  Mr.  T-raters  now  offers  the  map, 
^Tr.   Cfiapnan. 

Mr.    (iiapiaan:     I  understood  hira  to  offer  it  before  with  certain 


37 


VIS 


reservations;  ha  stated  before  Uiat  he  dia  not  propose  to 
offer  those  notations. 

Mr.  Welters:     I  offer  thejiiap,   leaving  out  tiie  two  tables  at 
the  left,   tliose   eaq^lanatory  tables  at  the  left. 
Th.e  Court:     Y/ith  that  understanding  it  v/ill  be  adnitted. 

(Marked  Plaintiffs  Exhibit  8) 
Mr.   ChapLian,   Q     You  saj'-  you  don't  remember,  you  don't  knov/ 
\€i(jther  it  was  in  the  Spring  of  1906,   1907,   or  190r? 

A     It  migjit  have  been  in  the  Fall  of  190n.   I  don't  remember. 

I  knov/  I  have  seen  v,ater  running  to  waste  there. 

Q    You  c'on't  knov/  v/hether  it  was  in  the  Fall  of  1905  or  the 
Spring  of  1906? 

A     I  couldii't  say  definitely, 

Q     Do  you  know  it  was  either? 

A     No. 

Q  Hov/  far  from  the  mouth  of  the  tunnel  was  it  that  you 
observed  that? 

A  It  must  have  been  a  mile  and  a  lialf  or  tv;o  miles. 

Q  And  coming  out  of  some  pipe  you  say? 

A  Yes,  sir. 

Q     Do  vou  know  vhose  \)i])e  it  was? 

A     I  sujjpose  it  v/as  the  Smi  Antonio  Water   Covr5,)any's  pipe 
or  Ontario  Power  Conipany. 

Q    You  suppose:     Did  you  know? 

A     I  couldn't  Bv/ear  to  it;   no,   sir. 

Q    Ho-.,'  does  the   Cucaiiionga  Water   Company  take  its  v;ater  from 
tliat  tunnel?  By  vhat  moans  does   it  take  it  away? 

A    Pipe  line. 

Q     And  goes  where? 


i     A 


.sa. 


IS 


1 

2 
3 
4 


A     Sorae  of  it  ^oes  into  the  Blackburn  addition  south  of 
Ontario. 

Q    F-at   I  m(3aji  is  diat  is  the  general  direction  of  that  pipe 
of  the    (hctiiiiQY]^b,  Vfeter  Coripany? 

A     Easterly. 

Q  Easterly  and  southerly? 

A  The  beginning  of  it  is  southerly;  yes,  sir. 

0  And  for  wliat  distance  is  it  southerly?  For  what  distance 
southerly  does  it  extend? 

A  From  the  tunnel  I  should  judge  it  might  extend  southerly 
probably  500  feet  nay  be. 

0  Are  you  an  officer  of  the  CucaTionga  Water  Company? 

A  No,  sir. 

0     Fave  vou   e\rer  been? 

A    Yes,   sir. 

Q    Hov;  Ion?'-  since  your  relations  vath  that  c  orrj any  ceased? 

Mr,  waters:     Objected  to  as  not  responsiTe. 

Mr.   Giapman:     I  want  to  inquire  a.bout  his  kno\/ledge  of  tliat 
Coripany  Water  Conpany, 

Mr.  waiters:     I  withdraw  that  objection;   let  it  go. 

Q     Wicn  did  your  connection  with  the   Cucaraonga  Water  Company 
cease? 

A     I  think  in  the  fall  of  1905. 

0     190r-? 

A     I  think  so. 

0     You  v.- ere  a  director  of  the  coripany  were  you  not? 

A    Yes,   sir. 

Q  How-lon{';  had  you  been  a  director? 

A  One  year.  


^y 


14 


Q     No  raore? 

A     I  Uiink  it  v/as  one  year. 

Q    Were  yo  >  also  the  engineer  of  that  company  for  that  year 
05'  had  nnperinteiience  of  the  engineering? 

A    No,   air;    I  dia  some  v/ork  for  them  at  different  times. 

Q     Were  you  not  ttn^oiAglily  acquainted  with  tlieir  v/liole 
svBtem? 

A    Their  distributing  system? 

0    Yes,   sir;   and  their  nain  lines  l)y  which  they  -  onducted 
the  water,   ti)&  the  distributing  system,   too?' 

A    No,  not  entirely  so. 

Q    Fell,  YOU  did  have  some  infoiT!iation.  of  the  fact  that  as 
shov/n  on  this  map  v/hich  has  just  been  offered,  plaintiffs' 
exliibit  6,   tliat  the  \/ater  is  conducted  by  the  Cucamonga  Water 
Company  tiii-oi:igh  this  22  inch  pipe  down  to  a  place  which  you 
call  the  division  box,  vhore  the  Old  Settlers  get  the  v/ater? 

M]'.  Waters:     I  will   ask  you  in  the  same  spirit  you  asked  rae 
a  x.hile  ago  \/heth.er  you  ijre  proposing  now  ly  this  evidence 
of  this  witness  to  prove  that  the  Cucamorga  Water   Cciqjany  has 
had  the  handling  and  distribution  and  control  of  the  Old 
Settlers*  Water  Company's  water? 

Mr.   Ctiapman:  No.     This  22  inch  pipe  line  is  xhaXj  I  am  asking 
about,  the  manner  in  which  it  was  constructed  and  v^o  paid 
foi"  it,   ana  you  hu,ve  already  gone  into  th.at. 

Mr.  ^aters:     So  I  have.     But  you  have  attempted  to  make  it 
appear  several  times  that  the   Cucaraonga  Water   Company  have 
had  control  of  th.e  Old  Settlers'  water. 

Mr.   Qiapman:   No,   sir;   I  h.ave  not     tried  to  malce  it  so  appear. 

Q     The  water  'oiiau  belonged  once  to  the  Cucamon^^a  Water   Cora- 


40 


VI 5 


pany  is  conaucLed  throi:i^:^i  this  22  inch  pipe  do\m  to   this 
circle  within  which  is  the  figure  '6:    is   that  correct' 

A     I  don't  knov/;   no,   sir. 

Q  Dioji't  you  tell  us  in  your  direct  examina,t,ion  tliat  tha-t 
place,  figure  3,  represents  a  division  box? 

A  Yes,  sir. 

Q     And  that  the  pipe  helov;  that  is  the  Old  Settlers  pipe 
by  means  of  \;hi(ih  they   take  their  water  from  the  22  inch  pipe 
to  the  place  of  distribution  arnoas  thitmselves? 

A     As  it  is  so  arranged,   I   should  judf;;e  so.   I  never  savj 
the  inside  of  tlie  box  very  much.  There  is  3£kBg  a  big  box  there 
and  there  is   another  pipe  that  coraes   dv/on  from  the  north 
to  this  division  box. 

The  Court,   Q     That   is  on  Hellman  Avenue? 

A    Yes,   sir. 

Q    You  say  there  is  another  pipe  coraes  clo\m  there  from  the 
north? 

A     I  believe  there  is  fonother  one  that  couies  aov/n  from  th.e 
north.we^^d. 

0     You  testified  that  the  yello?^  line  that    extends  north 
extends  to  a  ^<iell ,  kno\;n   as  the  Old  Settlers  'well? 

A    Yes,   sir, 

Q     .And  that  pipe  belon^^s  to  the  Old  Settlers  as   I  miderstand 
you,   and  conaucis  the  water  fran  that  v/ell  do\m  to  this  pipe 
line  box  mingled  with  the  other  waters  of  tiie  Old  Settlers 
a>id  is  Tsed   in  the  same  way? 

A    Yes,   sir. 

Q    Do  you  know  that? 

A     I  saw  them  vAien  they  v/ei-e  putting  the  pipe  in,   and   I 


41 


ne 


knov/  oliat  the  water  coming;  from  the  \/ell  cones  out  in  tliis 
pipe  belov/.  I  have  seen  it  eo  I  nust  >jiow  that. 

Q  Where  didyou  get  your  irif ormation  from  v/b.ich  you  made  up 
this  map? 

A  It  mostly  cane  from  the  records. 

Q  Wiiii   records? 

A  The  records  in  the  office  here  -  the  county  recorder's 
office,  ^^iving  the  size  of  the  lots;  and  also  frora  the 
records  of  the  assessor's  office. 

Q  You  didn't  get  those  pipe  lines  from  tlie  records  of  the 
recorder's  office,  did  you? 

A  No,  sir;  I  v/as  just  r;oi^r;  to  say  that  related  to  the 
lo'.s  ofx  lana. 

Q  Hiere  didyou  yet  the  information  about  the  pipe? 

A  By  asking  the  people  alon^.^;  the  line  where  the  pipe  line  was 

Q  Dian''o  you  have  any  knowledge  of  it  yourself? 

A  Not  very  much.  I  know  certain  starting  points  and 
certain  points  v.iiere  th.e  \/ater  cones  out.  That  is  all  I 
knov/  personally. 

Q  Ai^e  you  not  acquainted  with  tlie  wells,  tunnels  and 
pi])o  lines  tliroughout  tliis  section  of  country? 

A  Pretty  much  so. 

Q     And  }iaven't  you  got  that  kno\;ledge  from  your  ov.-n 
obs;;rvation? 

A    A  good  deal  of  it. 

Q    You  have  been  with  the  Sunset  Water  Corqiany  how  long? 

A    4  years  I  tliink. 

Q    Haven't,  you  had  the  general  charge  of  the  operations  of 
that  coirpaivj? 


42 


/17 


?'Tr,  waters:     I  suhraio  1.]iere   in  nothing;  on  the  riap  about  tlitd, 

nur  in  tlie  oirect   testimony,   about  the  Sunset  CoLijjany,   or 
ito  pipe  line. 

The  Court:     Tliis  is  not  the  first  time  he  has  been  upon 
t,liu  a  tana. 

Mr.   Giiapiiaaii,   Q    You  have  been  there  for  4  years? 

A    Yes,   sir. 

Q     WivdJl  lius  been  your  general  emploj/Tiient ,  \shat  have  you  been 
c!vi(^uged  in? 

A    Ranching;,   fruit  gro\/ing. 

0    "'."^ell,   for  the  company?  Wliat  have  been  your  services  for 
the  SmiLiet  Water  Con'ii3any? 

A    Jhj  I  have  liad  tlie  direction  of  the  operation  of  the 
pi  tint. 

Q     The  water  plant? 

A    Yes,   sir. 

Q     The  pimrping  for  it? 

A     I  liave  never  run  the  puiqjs. 

Q    V/ell,  YOU  superintended  arid  directed? 

A    Yes,   sir;    I  directed  it. 

Q     Did  YOU  have  anything."  to  do  vdth  tiie  construction  machin- 
ery? 

ft    Yes,   sir;    I  had  all  to  do  with  it, 

Q    You  hiA  all  to  do  v/ith  it? 

A    Yes,   sir. 

Q     And  one  of  the  Sunset  Y/ells  I  believe  you  said  v/as  bored 
since  you  were  tb.ere? 

A    Yes,   sir. 

Q     Didn't  you  do  that  or  sui)erintend  it? 


45 


^18 


J- 


A     I   vias  on  t-he  ground  nost  of  tlie  time;    it  was   done  by 
contract. 

Q    You  have  nic^de  a  good  many  mea.Burements  of  v/ater  I  "be- 
lieve in  tliiij  action? 

A  Some;  not  very  many. 

Q     Employed  by  whom  in  tliis  catse?     Mr.  Haskell,,  didn't  you 
say? 

A    Do  you  maun  quantities  of  v/ater?" 

Q     Yes,    sir, 

A    No,   sir. 

Q     Well,   I  mean  the  dejjth  of  water  in  the  wells? 

A    Yes,   sir. 

Q     And  you  have  been  all  over  there  repeatedly? 

A    Yes,   sir. 

Q     And  haven't  you  a  pretty  t}iorou{^T  acquaintajfice  with  the 
systems  not  only  of  tjie  S-onset  Water   Conpany  but  tlie  other 
people  throup;}i  there' 

A     A  fair   ar^quaintanoe,   yes,   sir;    of  course  there   is  sone 
of  it  bm^ied  under  the  ground  that  I  can't  testify  to  exactly. 

Q    But  you  do  knov/  v/here  water  is  taken  frora  the  Cucanioi\ga 
Creek  into  this  22  inch  pipe,   don't  you? 

A    Yes,    sir;   pretty  near. 

Q     Den't  you  knov/  exactly  \;here  it  is? 

A     No,    sir;   not  exactly. 

Q    Yoii  knov/  where  it  conducts  the  vaiter  to  don't  you? 

A    Yes,    sir. 

Q  You  know  the  people  \*ho  use  the  water  after  it  is  con- 
ducted to  tiien? 

A  Man-"-  of  them. 


AL 


V19 


Q    You  know  tlie    (licaj;ion,Q;a  "ineyard  Coripany's  pipe  line  that 
conciiictG  the  water  to  *heir  place,   do  you  not? 

A    No,   sir. 

Q     Bind' t  you  in  your   testimony  tlie  other  day  say  somethin^^ 
p.bout  a  16  inch  pipe  that  v/as  used  to   conduct  water  around 
there  to  the  vineyard? 

A    No,   sir;  I  don't  think  so. 

Q     You  don't  knov;  anything  about  it? 

A     16  inch  pi])e;   no,    sir;   not  to  the   Vineyai'd  Co-ipany, 

Q     W^at  Corapany  if  any*!* 

A     Cucarnonga  - 

Q     Cucarionga  Hater  Company? 

A    Thei'o  is  another  pipe  around  the  Red  Hill  narked  on  that 
map. 

Q    Do  you  know  it?  Have  you  any  personal  knov/ledge  of  it? 

A    No,   r-ir;   I  never  saw  it. 

Q  You  aon't  know  ^A/here  it  conducts  the  v;ater  to  there? 

A  Well,  I  know  vhere  the  outlet  is. 

0  Fnere  is  the  outlet  of  it? 

A  It  is  on  HelLnan  Avenue. 

Q  well,  that  is  where  it  conducts  the  ivater  to,  isn't  it? 

A  I  suppose  that  is  the  pipe. 

Q     Do  you  know  \/}i6re  that  water  is  used? 

A     No,   L-.ir;    I  never  sav/  it  being  used. 

Q     One  ui   the  Sunset  v/ells  was  sunk  before  you  ctune  there, 
I  believe,  waslit  not? 

A    Yen,    sir. 

0     And  has   it  been  purrrr)ed  ever  pince  you  have  been  there? 

A    Yes  ,  sir. 


I     0 


.  -J.  11 


/v;() 

0    Wlien  v.^iB  the  western  v/ell  sunk?  1905  did  you  sayT 

A    No,   sir;    I  didn't  say.  The  west  v.'ell  was  somewhat  ear- 
lier tlicJi  that;    I  don't  know  tiie  exact  date, 

Q     Since  you  v/ent  there? 

A    ijo,   yir;   before  I  ca'ne  there, 

Q     Wc.fsn't  one  of  then  Eiink  since  you  came  there? 

A    Yes,    sir. 

Q    Ihich  one  v/as  that? 

A    Tlie   eastern  well, 
Q    mien  v/as  that? 

A     T^^at  v/as  about  1905  I  t}iink. 

Q    Tiiu-t  \vc.s  the  one  in  .-hich  you  yourself  su^jerintunded 
personally  in  the  sinkinfj;  of  it? 

A    Yes,    fcir. 

Q  Had  you  pumped  the  western  well  before  that  one  was  sunk'^ 

A  Yt'L,  iiir. 

Q     And   sent   it  dovm'? 

A    YftF ,   sir. 

Q  And  about  what  quantity  of  Y/ater  did  they  get  before 
the  eastern  well  was  sunk? 

A  Wien   they  first  pumped  it  I  understood  they  ""lad  in  the 
neighborhood  of  40  inches,  and  when  I  was  pumrnn^;  it  got  dov/n 
to  2o  inches, 

Q  And  ""J^at  was  before  the  eastern  well  was  sunk*? 

A  Yes,  sir. 

Q  And  after  tlie  eastern  well  v/as  sunk  I  believe  you  testi- 
fied tliat  you  got  about  25  inches  from  each  of  thenT 

A  Yes,-  sir. 

Q  Do  ;-ou  know  how  much  of  the  time  this  western  well  was 


46 


7?;il 


piuiped  from  t-iie  tirae  you  caiit;  there  until  now? 

A    Pretty  near  continuously  during!;  tlie  irrigation  season. 

Q     V/iiat  months  constitute  the  irrigation  seasonT 

A    Fron  ^love^f'-^er  about  -  or  fron  June  until  November  about, 

Q     I  BU]j|jOBe  it  depends  very  largely  upon  the  season,   does 
if? 

A    Yey,   fcir. 

Q     Sor-ietiiries  th.ey  pump  a  good  deal   m  the  winter  do   thejr 
nof 

A  No,  sir;  I  dun*t  tiiink  they  have  t.ver  jumped  in  the 
winter;  they  have  pumped  in  December,  the  early  part  of 
Decem'^er. 

0     Anu  in  January? 

A    No,   L^ir. 

0  In  February? 

A  No ,  s  ir . 

Q     Nonii  of  the  seasons  since  vou  have  been  there*? 

A    No,   j?ir. 

Q  NoY7.  vou  sav  from  June  until  November' 

A  Yes,  sir. 

Q     Tiiose  v/ere  the  months  to  vdiich  you  allude  v^lmn  you  speak 
of  the  irrigating  season? 

A    Yes,   &ir. 

Q  They  may  begin  earlier  or  contini^e  lu,oci'  i.ccording  to 
the  season? 

A  Yes,  sir. 

Q     Do  you  reraember  what  year  it  was  tliat  you  \;ero  a 
director  of  the  CucaLionga  Watei-  Company? 

A     I  think  it  was  in  1905,    I  tb.ink.     I  don't  remember. 


.-i-    ,0 


AL 


/*42 


Q    Was  the  v/ater  bein^;  pumped  during  that  year,   1903'' 

A    Wat^-r  heint:  purq)od? 

0     Yes;   at  the  Sunset  v/ellc,  Cucajnon^a  v/ells  and  Lone  Star 
wells? 

A    Trie  Simsot  v/olls  v/ere  pumijing,   one  of  them. 

Q     Hov;  about  tlie  Cuca^ionga  Water  CoiTpany's? 

A     I  think  they  were  operating  one  v/ell. 

0     Do  you  knov/  about  wliat  quantity  v;as  being  puri|jed? 

A     No,   sir, 

Q     I  want  to     ask  you  about  these  notations  on  this  map: 
t}iey  at'e  desifgied  to  inform  us  as  to  the  meaning  of  certain 
signs  and  figures  on  the  map,    ai^e  they  not' 

A    Ygg,   sir. 

Q     V/ell,   no\;,   you  start  m  vdth  this  table  to  the  left, 
on  the  vrest  side,   and  I  believe  you  pointed   out  v^ere  t'-is 
nuriber  1  was,   and  you  said  that  the  W  stood  for  west.  What 
does  tbxC  next  number  stand  for? 

A    Under  the  coli.imn  of  distances,   22  chains  from  the  point 
of  beginning";. 

Q     From  1  to  2  is  22  chains? 

A    Mo,   r.ir;   from  the  ])oint  of  beginning.     Tlie  course  1  is 
west  22  c/iains. 

Q     Miere  does  it  land  you?     Didn*t  you  point  out  on  the  nap 
where  1  was*!* 

A    Yes,    sir;    it  is  that  line. 

Q     Wnere  is  2? 

A     2  is  the  next  line, 
Tlie  Court:     It  is  the  next  course  as  I  understand   it. 

Mr.   Chapman,   Q     And  that  gives  the  co^lrp^^  and  distance  of 


48 

line  2? 

A 

Ye!3,  sir. 

(J 

And  so  on  around  to  lo,  north  98.7!;.  Wiiere  is  that  l^')' 

The 

figure  13,  what  line  does  13  represent ''^ 

A 

It  is  the  closing  line  of  the  boundary. 

0 

And  beginning  vdth  the  southwest  corner  of  the  lanas 

raai^ 

ked  on  your  map  and  extending  to  nujnber  1? 

A 

Yos,  sir;  the  place  of  beginning. 

Q 

The  narks  and  figures  then  and  the  general  Sj'Tnbol  t}iere 

gives  a  description  of  the  exterior  boiindaries  of  the  entire 

tract? 

A 

Yes,  sir. 

Q 

And  that  is  all*? 

A 

T:iat  is  all. 

Q 

Nov/,  in  this  other  table,  whero  you  have  lot  number  1, 

YOU 

have  also  the  name  of  a  person  haven*t  you? 

A 

Yes,  sir. 

Q 

Aiid  the  narae  is  Lhat? 

A 

Well,  number  1  is  Old  Settlers'  Water  Cornp£uiy. 

Q 

Tlie  next  is  v/hat? 

A 

D.L.  Davenport. 

Q 

The  coluions  to  the  riglit  rej^resent  acres  and  siiares  of 

sto 

ck? 

A 

Yes,  sir. 

Q 

Ana  you  got  all  that  infomiation  hov/? 

A 

From  the  secretary. 

Q 

Are  these  persons  the  sane  or  any  of  them  the  same  v^hose 

nunes  you  t^ive  us  as  the  owners  of  lots  here' 

A 

Mcst  of  thuja  I  knuw  pm-sonally,  ano:  live  on  tiie  land. 

«■■••■ 


49 


724 


0     In  direct  exariination  in  response  to  questions;   of  Mr. 
Welters  you  {^a«  us  the  location  of  the  liinds  of  Vo-rious  per- 
sons v.hose  nuj-ies  './ere  called  to  you  -  -Ai'e  the  names  of  tliose 
persons  contained  in  your  table  liere? 

A    Yes,   sir. 

Q  And  this  is  a  list  of  the  names  and  shares  of  j>tock  and 
the  acres  of  lana  and  descriptions  of  Lhe  Old  Settlers  and 
tlie  stock  wliich  they  liold. 
Mr.  Waters:   I  object  to  that  as  incompetent. 

Mr.  Chapman:  I  ara  not  trying,  to  prove  the  title  of  the  stock 
but  just  singly  let  the  witness  explain  viYxX   thest  tilings 
are  intended  by  him  to  represent;  whether  they  truthfully 
represent  anythin^^  or  not  I  am  neither  knowing  nor  caring; 
but  I  think  the  tables  are  harmless  in  connection  Y/ith  this 
and  their  are  thus  explained. 

Tlie  Court,  Q  You  stated  that  vou  PX)t   your  infonmtion  from 
the  secretary  as  to  this  stock:  t}ie  secretary  of  wfiat  company? 

A  Tlie  secretai^y  of  the  Old  Settlers'  Water  Company. 

-c- 
Here  tlie  court  takes  a  recess  until  2  o'clock  p.m. 

-0- 

Afternoon  session,   2  p.m. 

FEEDl^IilCK  H.  REED. 
Frederick  H.  Reed,   a  witness  previously  s\/orn,   being 
recalled  hy  plaintiffs,   testified  as  follows: 

Direct  Eixcj/aination. 
Mr,  Britt,   Q       Now,  Mr.  Reed,   this  ifioiTiing  in  giving  the  his- 
toid of  ^'■our  measurements  of  the  San  Antonio  Water  Coraimiiv's 
wells  north  of  the  Base  Line,   you  cajie  to  a  tirae  and  date  about 


I 


52> 


726 


Au^!;ust  18tli,   1905,  v/hich  v/us  rnaxked  on  this  tabulation,  plain- 
tiffs'  exliibit  o,    "Pumping  but  veira  locked";  but  you  explain- 
ed that  by  cayin^^  in  subcLaiiCG  that  the  v/fcliB  of  Uio  San 
Antonio  Wattir  Company  were  beiiij^;  pumped  at  tliat  time  but 
tliat  you  did  not  have  access  to  the  v;eirs  so  that  you 
could  raeasure  th.ern;    so  for  quite  a  time  there  appears   to  're 
no  Fie asir  events  noted  on  this  tabulation.  You  ^.-ere  requested 
to  consult  your  original  notes  to  see  v/hether  the  v/ells  v;ere 
piU'T[)ing  during-;  that  time, 

A    Yes,   sir. 

Q    Have  you  now  conBulted  your  notes? 

A  I  have  done  so;  I  hafee  consulted  my  notes  end  I  Tiade  a 
meriorajfidum  of  the  dates  that  the  \;ells  wei-e  pumping  but  on 
vjliich  v/e  were  not  able  to  measure  them. 

Q    You  ruay  {^ive  the  dates  on  \.hidi  the  v/ells  v/ere  being 
puriped  and  on  'wliich  you  v.'ere  not  able  to  uieasure  then  for  the 

reason  that  the   7;eirs  were  locked.     G-ive  tiie  dates  the  v/eirs 

were  locked  and  v/hat  wells  were  being  pumped  on  those  dates. 

A    Tlie  first  notation  I  have  heru  is  August  If/oh,  v/elT  num- 
ber 8  was  Tjumpin^.     Augjst  16th,   wells  1  and  8,  August 
2f^t;n,  \/ells  1   -And.  2;   August  26th,   wells  1,   2  and  8. 
August  30th,  wells  1,   2  and  P.     August  31st,  v/ells  1,   2 
a)Ki.  8.     Also  wells  1,   2  and  8,   September  1st  to  12th  inclu- 
sive.    Soptonber  13th,  wells  1,   2,   3,   6  u.nv  8.   September 
14,  wells  1,   2,   3,   6  and  8.   September  15th,  wells  1,   2,   3,   and 
8.     Septenber  16th,   wells  1,   2,  3,  4,   and  8. 
September  18th,   wells,   1,   2,   3,  4,   6  and  8. 
September  T'th,  wells  1,   2,   3,  4,   6  and  8. 
September  20th,   7/ells  1,   2,   3,  4,   6  and  8. 


iiL 


7:^6 


S(3pterril-!er  21st 
SeptemT)or  22nd 
September  2ord 
Septerdher  25th 
September  26th 
with  Hr.  r^raak 
Sopter.iber  27th 
Soi/t.  ember  2Pth 
Scptymber  29  th 
September  30  tb 
October  2nd,  v;ells  1, 
October  3rd,  wells  1,  2,  3 
October  4th,  wells  1,  2,  3 
October  5th,  wells  1,  2,  3 
October  6th „  wells  1,  2,  3 


wells  1,  2,  3,  4  and  8. 

wells  1,  2,  3,  4,  and  8. 

wells  1,  2,  o,   4,  and  8. 

wells  1,  2,  3,  4,  and  8. 

they  were  measured  on  that  date  I  believe 

I  think  it  is  sLov/)-!  on  the  exliiVit  number  3. 


wells,  1,  2,  3,  4,  and  8. 


7/ells  1,  2 
wells  1,  2 
wells  1.  2 


O    1 


4 
4 
^1 

4 
4 


4,  and  8. 
4,  and  8. 
4,  and  8. 
and  8. 
and  8. 
and  8. 
and  8. 


and  8, 

On  October  7th  they  were  measured  with  Mr.  Trask  and  there- 
after they  were  measured  in  company  with  Mr.  Clark, 

Q     2  or  3  times   in  the  course  of  your  testimony  and  par- 
ticularly once  neai'  the  close  of  the  testimony  that  you  gave 
this  morni!\3  you  distinguished  betv/eon  the  wells  of  L;ic  Saj-i 
Antonio  Wat':r  ComptiJiy  and  the  wells   and  weirs  of  the  Cucamonga 

--  once  or  twice  ^'■ou  said  Cucamonga  Water  Company  and  once 
or  twice  I  tViink  vou  said  Cucamonga  Vineyard  Com'ian\':  v;h.at 
do  you  mean  by  those  designations,  particuliirl}?-  Cucaraonga 
wells? 

A     I  am  not  speakin>;  of  the  Cucamonga  Vinej'ai'd  Company's 
wells  or  CucciJrao]iga  Corapany's  wellp   or  Cucaraon^^a  Water  Company's 
wells.     The  ones  "hich  I  measured  under  direction  of  Mr, 
Purcell,   as  distinctive  from  the  wells  of  the  San  Antonio 


727 

Wat 

sr  Company,   simjoly. 

Q 

You  do  not  mean  to 

indicate  the   ownership 

of  any  of 

tho 

se  -ivells  or  v;eirs? 

A 

No,    I  knov/  nothing 

of  the   ovnership  of  the 

property. 

Mr 

.  CHAPMrl.  Q     Those 

days   on  v/hich  tl,ev;e_ls 

we.-e  pumping 

and 

on  v;.  ich  tliere  was 

no  measurcii.ient  made  v/ere  all  in  the 

year  1905? 

A 

All  that  I  have  recited  here,  yes,   sir. 

JOID^]  MDDOCK. 

JOmi     FiADDOCK,  a  i 

;/itness  produced  by  plai 

ntiffs,  being  firi 

duh'-  sworn,   testified  , 

as  follows :- 

D 

irect  Examination. 

l^lr 

K 

.  Waters:   Q     Waere 
Cucamonga. 

do  you  reside? 

0 

Hov;  long  have  you 

lived   th:re? 

A 

Abo' t  25  years. 

Q 

How  old  are  you? 

A 

54. 

Q 

Wiiat  year  did  you 

come  to  Cucamonga? 

A 

•82. 

Q 

Did  you  on    then  or  go  into  the   occupatior 

I  and  possession 

■4\ 

of 

any  land  there? 

A 

Yes,   sir. 

Q 

How  r;any  acres? 

20  acres . 

Q 

Ti'iat  place  then  be 

came  knc-.m  as  the  Maddoc 

k  place? 

A 

Yes,   sir. 

Q 

Is  it  yet  kno  -n  by 

th.at  na'.ie? 

I  i 


A  Yes,  sir. 

Q  Do  you  live  upon  it  yet? 

A  Yes,  sir, 

Q    Have    'ou  lived  upon  i'.  :ill   the  time  since  you  v;ent  there? 

A    Yes,    sir, 

Q    Waen  you  first  v^ent  there  did  you  get  a  deed  imr.iediately 
or  some   other  kind   of  a  piece  of  pa  er? 

A     I  got  a  contract  in  the  first  place, 

Q    Tou  got  a  contract  for  the  purcliase  of  t/iat  land? 

A    Yes,    sir, 

Q  I  will  ask  ou  to  look  at  ti:at  piece  of  paper.  Did  you 
ever  see  that  before? 

A  Yes,  sir. 

Q    W  at  is  tliat  priper? 

A     A  contract  of  purcliase, 

Q     Is  that   the  piece   of  paper  you  got  v/hen  you  vrent  into 
possession  of  the  land? 

A    Yes,   sir. 

Q    F  -om  v/hom  did    ^ou  ::et  it?  What  was  tiie  uian's  nanie? 

A    Hi  ygins . 

Q  Wliat  v/as  he  doing  there? 

A  He  v/as  the  agent  for  the  company.  He  was  acting  as  the 
agent  for  '-he   company. 

Q  Did  he  put  you  in  possession  of  any  land? 

A  Yes,  sir, 
Q  Wlat  land? 

A  The  land  I  have  possession  of, 

Q  Do  you  know  the  description  of  it? 

A  Yes,  Kir. 


729 


Q    Wliat  is  it? 

A     The  noj^th  half  of  t])enortiiv/est  quari-er  of  'he  north  east 
quarter  o     section  15,   tov/nship  1  south,   range  7  v/est. 

Q     San  Bernardino  Base  and  Meridian? 

A    Yes,   sir. 

Q  Have  you  r;ot  any  title  deeds  at  home  to  that  land? 

A  Yes,  sir. 

Q  Next  time  you  cor.ie  in  bring  them, 

Ur,   V/aters:  We  v/iil  offer  this  contract  in  evidence.  (Con- 
tract admitted  in  evidence  as  plaintiffs'  Exhibit  9, 
and  read  as  follows: 

PUINTIFFS'  EXHIBIT  9. 
Gucamong^  ,  San  Bernardino  Co.  Dec.  20,  1881. 
$50.  Reed  from  Joim  Maddock  the  sum  of  Fifty  Dollars 

gold  coing  of  the  United  States,  being  the  first  of  six 
yearly  installments  of  the  Sftme  amount ,  payable  on  the  20th 
of  Dec.  of  each  succeeding  year,  with  interest  on  the  de- 
ferred payments  at  iJie  ra'e  of  eight  per  cent,  per  annum.  On 
the  due  pajiiient  of  all  these  installments,  at  the  dates  and 
with  the  interest  specified  the  Cucamongo  Company  engages 
to  Liake   him  a  sufficient  conveyance  of  tlie  N.  v,   l/4  of 
the  N.V.  1/4,  bf  the  ^.   E,  I/4,  Sec.  In,  T.  1  S.  R.  7  \7.  San 
Bernardino  base  ai^d  meridian  with  rhe   sai.ie  proportion  of  the 
water  from  the  sprin^^-^s  belonging  to  the  company  that  his  land 
bears  to  all  the  land  which  can  be  reasonably  irrigated  for 
senitropical  culture  with  said  .ater,  resorvin^;^  a  rigiit  of 
way  over  said  land  for  the  conveyance  of  ater  to  lots  beyond 
and  along  its  border  for  roads. 

J.  H.  HiQ^^ins,  Agt, 


♦JO 


Cucaniongo  Company. 
Endorsed:  Recorded  at  Request  of  Joim  Ivlaaaock,  AiJril  21st, 
A.  D.  1864,  at  7:35  A.M.,  Book  D  of  Agreements,  page  326, 
W.  F,  Holcomb,  County  Recorder. 


Q  ¥:_at  v/as  this  man  Higgins  doing  at  Cucamonga? 

A  Acting  as  a^^ent  of  the  company. 

Q  Was  he  or  not  in  f)ossession  of  these  lands  v/hen  you 
cariie  there,  of  the  company? 

A  Yes,  sir;  the  lands  of  1_  e  Company. 

Q  And  he  delivered  this  paper  to  you? 

A  Yes,  sir. 

Q  And  .\^ou  i^aid  him  the  $5C''? 

A  Yes,  sir. 

Q  And  you  remained  then   in  possession? 

A  Yes,  sir. 

Q    I  uncterstood  you  to   say  tfiat  you  went  there   in  'SS.     I 
notice  this  date   is    '81.  Hov/  does  it  liappen? 

A    I  bought  it  in   '81;   I  moved  on  to  it  in   '82. 

Q     At  that  time  did  you  get  any  vjater  in   '82? 

A    Yes,   sir. 

Q     In  \ihat  v/ay?  Tiirou^j;^!  ¥/  at  kind  of  :,  water  way? 

A     A  dirt  ditcli;   an  open  ditch. 

Q     And  you  used,  the  vater  of  tat  how  long  in  tlie  earthen 
ditch? 

A    I  think  it  was   only  about  a  year  or  two,   1  or  2  years. 

Q     Tlien  meAj  did  you  use  it    through? 

A    They  put  it  in  a  flume  from  the  divide  in  ttie  Cucaraonga 
Vineyard  to  Archibald  Avenue. 


^  --J. 


Q    You  got  the  water-  in  sonie  v/ay? 

A    We     got  it   in  an  open  ditch  from  the  flume  to  our  ranches. 

Q     Did  you  remain  'here  until  1886? 

A    Yes,   sir. 

Q     And  at  tiiat  tirae  did  any  sort  of  a  dispute  arise  be- 
tv;een  you  and  otiiers  with  the  company? 

A    Yes,  sir. 

Q    \Vhat  about? 

A    Not  having  sufficient  water.     Tliey  wanted   to     spread  the 
water  further. 

Q     Did  ^.'■ou   settle  that  dispute? 

A    Yes,   sir. 

Q  How  did  you  settle  it? 

A  By  taking  a  specified  amount  of  v/ater. 

Q  From  what  sources  or  source?  You  ,;jOt  a  deed  for  it? 

A  Yes,  sir. 

Q  And  that  deed  tells  its  own  story? 

A  Yes,  sir;  we  quit -claim  deeded  to  them  for  our  ri^t, 
title  and  interest  to  the  s^.rings  and  took  a  deed  for  an 
inch  to  8  acres . 

Q  And  that  was  all  in  v/riting? 

A  Yes,  sir. 

Q  Now  ith  reference  to  the  making  of  an  aqueduct  for  the 
carrying  of  that  v;ater:  Did  you  have  any  understanding  about 
what  you  v/ere  to  do  about  tlie  aqueduct? 

A  Yes,  sir. 

Q    Wha;t  7/as  fat  ujiderstanding? 

A    V/e  paid  half  for   tlie  putting  in  of  the  pipe  from  tlie 


i:is.zx:j~^. 


-j\v 


)2 


•/o2 

1 

division  gate,   from  the  Cucanonga  winery,   to  the  sand  box 

2 

on  Hellman  Avenue. 

3 

Q     Did  you  parties  pay  your  part  of  the  expense  of  that 

4 

pipe  line? 

5 

A     Yes,   sir. 

6 

Q     Did  you  get  your  water  through  that  pipe  line? 

7 

A    Yes,   sir. 

8 

Q    At  tlie  end  of  fne  22-inch  pipe  line  at  Hellnian  Avenue 

9 

was  tr.:re  anything  to  riBasure  the  v/aterin? 

10 

A    Yes,  sir. 

11 

Q    Vfcat  kind  of  a  measuring  apijaratus  v/as  t/'at? 

12 

A     It  was  a  two-inch  slot  under  what  was  called  a  four- 

.•     13 

31 

inch  pressure  of  water. 

AMIN 
COURT. 

-1- 

Q    V/h8.t  I  wajit  to  know  is  how  nuichdiu   the  old  settlers 

M  -.£  Id 

a  <  u. 

or  you  a^d  your  associates  get  out  of  the  stream  of  water 

It     16 

at  thot  place? 

17 

A     Nearly  34  inches.  Not  cjui  e     34  inches. 

18 

Q    How  was   it  arranged  with  reference  to  the   order  your 

)9 

v/ater  should  come  in,  wtether  yours  was  the  {first  water  or 

20 

the  overplus? 

21 

A     Ours  was  the  first.  We  took  the  underflow  and  they  took 

22 

the  overflow. 

23 

Q     And  ti  en  anv  fluctuation  of  the   stream  went  to  vou  or 

24 

the  other  parties? 

25 

A    Any  decrease  went  to  them.  We  got  out'  amount  and  what 

26 

t  ere  v/as  over  our  amount  t  he  otherparties  got. 

27 

Q     Youi's  was  then  a  constant  stream? 

28 

A    Yes-,  sir. 

29 

Q     Without  change? 

/33 


A 

Yes  ,  sir. 

Q  W  en  you  began  to  get     ater  in  that  v/ay,   in  what  year 

was 

it?  If  you  don't   remember  the  year,  do  vou  remember  the 

occaaion?  Did  you  begin  ^tio  get  it  when  the  pipe  line  was 

put 

in? 

A 

Yes,   sir. 

0 

Hov/  long  did     ou  continue  to  get  it? 

A 

All  I he  time. 

Q 

Have  you  get  it  riglit  dov/n  to  this  date? 

A 

Not  the  full  amount. 

Q 

Up  to  v/hat  time  did  you  continue  to  get  your  full  amount? 

A 

I  think  it  v/a.s  about  in  ninety — 

Q 

How  many  years  ago? 

A 

About  six  years,   I  think,   since  we  didn't  get  our  full 

amount . 

Q 

V,Tiat  use  has  be'.m  made  of  that  water? 

A 

Irrigating  treos. 

Q 

Do  you  remember  v/here  the  ail',  erent  farms  of  the  old 

settlers  Y/e  e  situated? 

A 

Yes,   sir. 

Q 

Are  you  familiar  with  the  lay  of  the   country  v/iere  these 

farms  are? 

A 

Yes,   sir. 

Q 

(Showing  witness  map.)  Say  this  yellow  line  is  tlie  50- 

inch  pipe  line  beginning  at  the  s. .rings  and  n.nining  do\m  to 

the 

brick  hotel.  The  22-inch  pipe  line  extends  from  that 

to 

the  point  marked  5.  From  there  can  you  state  w^  ere  tiiose 

famiF!  were  that  ti(ae     old  settlers  irrigated?  Do  \rou  r^-scognize 

them  as  located  on  this  map?Here   is  the  ond  of  the  22-inch 

84 


pipe  at  the  figure  3,  at  Hellnan  Avenue.  Do  ycu  recognize 
the  location  of  those  places,  or  not? 

A     No;  I  do  not. 

Q    All  riglit.  T  at  ends  it.   I  don't  want  an:y'thing  a  man  don't 
knov; . 

Q  Du.ring  this  time  t -at  you  lived  at  Cucamonga  did  you 
ever  :^;o  up  and  look  at  the  Cucamonga  Creek?  Did  you  ever 
see   it? 

A     Yes,   sir. 

Q     Do  you  know  anything  about  estir-^.teing  quantities  of  wat- 
er? You  liave  irrigated  v/ith  tliat  stream  at  Cucarnon:'a? 

A     Yes,   sir. 

Q     And  you  Jiave   irrigated  there  with  v/hat  kind  of   a  head  of 
water?  \T&iat  amount   of  '.7ater? 

A    All   the  v/ay  from  34  to  60  inches. 

Q    When  did  you  first  see  the   str:aaiii  of  Cucamonga  S  rings? 

A     In   '74. 

Q     How  big  a  stream  was  it    henlil 

A    We  crossed  it  in  1/Iarch,    '74,  and  it  came  up  to   Uie  hubs 
of  the  wagon  in   '74. 

Q  V/liere  did  you  c  ross  it? 

A     Right  below  v/here  the  Iridge  is  nov\r. 

Q     Quite  a  stream? 

A     Yes,   s'r;   it  was  then. 

Q    How  wide  v/as  it? 

A     About  20  feot  wide. 

Q     Did    -^ou  see  it  in  the  sumLier  season  or     irrigating 

season  of  any  year  after  that? 

A    Yes,  sir;    I  crossed   it  every  once  in  a  \7hile  since. 


/S5 


^    You  have  seen  it  in  WB.ny  irii.jating  seasons  in  t,he 
sui:imer  since? 

A    Yes,   sir. 

Q    About  how  big  a  stream  has   it  ususally  been  v/hen  you  sav; 
it  priot  to  five   or  six  3/ears  ago? 

A    A  couple  of  hundred  inches  through  the  surmner  time,  and 
in  the  winter  time  and  fall  it  was  more  tlian  tl:at. 

Q     During  t-ie  time  tliat  you  lived  tl:iere  at  Cucamonga  about 
how  much  v/ater  does  the  stream  usually  j'un  in  the  suriuner 
time  up  to  the  time   cf    the   shortage  tliat  you  spoke  of? 

A    From  150  to  200  inches. 

Q    Wliat  did  ;^'-ou  notice  as  happening  at  about  the  time  the 
stream  from  the  Cucamon^  Springs  got  smaller  or  decreased? 
Fiiat  did  you  notice  v.'as  happening  about   the  country  there? 

A     Developing  and  tunneling  and  putting  in  wells,    and  tiie 
water  decreased. 

Q     It  was  after  tLat  t  at  you  noticed  the  shortage? 

A    Yes,  sir. 

Q     To  Tshat  extent  did  the  stream  shrink  in  tlie  course  of 
time? 

A     It  v^ent  almost  diy. 

Q    How  low  did   you  ever  see  it? 

A    Tliere  was   just  a  little  bit  of  a  stream;  may  be  a  couple   of 
inc'ies. 

Q    And  when  v/as  tnat?  W  at  year?  How  many  years  ago? 

A     I  don't  recollect. 

Q    V/as   it  5,   10,   15,   20,   or  30  years  ago?  Give  us   some 
kind   of  an  idea. 

A     Threoor  four  years  ago. 


r-;^-,-'T- 


oo 


Q     At  ail"  tii!:ie  v/ithin  the  past  three  years  or  during  the 
time  v/hen  this  v/ater  of  t'-  e   springs  had  been  low,  have  you 
ever  seen  water  v/asted  an;^'^;/here  in  tliat  neiyliborhood? 

A    Yes,   sir. 

Q    Where  liave  you  seen  water  wasted? 

A     I  have  seen  v;ater  wasted  on  the  north  side  of  the  San 
Bernardino  road,  west  of  wliat  is  called  the  Eady  tunnel. 
I  sav/  water  v/asted  south  of  Ei-_-;;hth  street  and  east  of 
Campus  Avenue. 

Q    Of  ;;hat  colony  is  Eiglith  strc-;ot  and  Campus  Avenue? 

A     Ontario. 

Q    Can  you  mark  it   out  on  that  map  of  Ontariol  Can  you  put 
your  f i  ger  on  that    place? 

A     I  think  I  can.   It  does  not  show  8th  street  on  here .   It 
shows  the  railroad.   South  of  the  railroad,   and  I  should  judge 
dov/n  about  here   some  place. 

Q     Can  you  put  your  finger  on  the  place? 

A     I  think  about   there.   It  don't  shov/  the  rc-ad.  Tneve  is 

the  railroad.  Tlie  v/agon  road  runs  south. 

Q      On   tiie  division  line  between  lots  637  and  638,  at   the 

point  on  a  diagonal  line,  where  there   is  a  circle?  Is   tliat 

it? 

A    Yes  ,  sir. 

Q    How  rai.ich  -/ater  was  wasting  there ,  about? 

A    Well,   itfluctuated.  Sometimes  there  v/asn't  very  much 
and  sometimes  it  ran  50  or  75  and  sometimes  100  inches. 

Q    How  many  times  did  you  see  it  wasting  there?  More  than 
once? 

A     I  have  seen   it   a  number  of  times. 


'37 


Q    Wrien  was  "ftiat?  About  how  many  years  ago? 

A     I  seen  itlaiit   fall,   in  EToveniber,  December  and  January, 
and   I  seen  it  t'le  year  before  last. 

Q    You  mean  the  winter  before  this  last  winter? 

A    Yes,  sir. 

Q    About  how  much  did  you  see  -.vasting  there  winter  before 
last? 

A     It  ran  about   tiie  same,  Sometimes  ■  there  wasn't  very-.much 
running  out,    and  sometimes  there  Y/as  a  big  stream  running 
out.  Someti;;ies  I  should  judge  from  75  to  100  inches  of  v/ater. 

Q    Was  that  at  a  time  v^hen  Cucamonga  Springs  were  shcrt? 

A    Yes,   sir;   it  was  at  a  time  '.-hen  vre  were  pumping  water. 

Tlie  Court:   Q     ^Oriat  was  it  ninning  out  of? 

A     Out  of  the  cement  pipe . 

Q    Where  does  tiiat  cement  pipe  extend  from? 

A     I  can't  tell  vhere  the  water  came   from,  but  the  pipe  line 
came  do\m  through  Upland.   I  don't  know  './liere  the  water  came 
from. 

Q    '.%s  that  pipe  line  oo  nnected  v/ith   any  of  the  Cucamonga 
systems? 

A    No,    sir;   Cucamonga     don't  run  over  there. 

Q     Doesn't  one  Cucamonga  line  run  over  above  tr.at  and  con- 
nect with  the  Ontario     s^/stem? 

A    No,   sir.  Not  Cucamonga.  Ontario  has  a  pi-e  running  in 
north. 

Q     I  mean  a  line  from  the  Cucamonga  neigliborhood? 

A    Yes,   sir. 

Q     Have  you  seen  v/ater  vrasting  anywhere  else  on  that  west 
side  at  any  time? 


V38 


A     I  think  not.  I  don't  rex-ieniber  of  any  other  place. 

BY  m,  HASKELL: 

Q  Do  you  know  where  the  Eady  tunnel  is? 

A  Yes,  sir. 

Q    Did  you  eversee  t}ie  cienej^a  near  tlie  head   of   tJie  Eady 
tunnel  on  the  surface  of  the  ^[ji'ound? 

A    Yes,   sir. 

Q  When  did  you  first  see  that? 

A  About  '83. 

Q    Was  tLere  any  v.-ater  rising  there  at  t  at  time? 

A    Yes,   sir. 

Q    Ibout  hov/  imch? 

A    At  the  San  Bernardino  road  I  should  judge  there  v;as 
20  or  25  inches  ru  ning  across  the  road. 

Q    Was  there  any  more  tlian  one  cienega  at  the  v/est  side  of  the 
red  hill? 

A    V/ell,   there  was  a  continuous   string  of  cienegas  along 
tliere.  Yes.,:  there  was  nore  tiian  one.  There  7/as  a  string  of 
them  along  tliere . 

Q    Was  t:  ere  rising    water  in  each  and  all  of  tbem? 

A    Yes,    sir. 

Q    Were   tliere  any  trees  growing  there? 

A    Yes,   sir. 

Q  What  kind  of  trees? 

A  Different  kinds.  Alders,  sycamores,  v/illows. 

Q  How  large  were  the  sycamcres  when  you  first  saw  tl  em? 

A  Some  of  *hem  were  big  trees. 

Q  How  big? 

A     One  tiierc  was  five  or  six  f '  -^t  througli. 


V39 


Q 

W':;en  you  first   sav?  t  ose  trees  in  w  at  condition  v/ere 

t"  ey  as  to  being  grov/ir]g  and  vigorous? 

A 

Tliey  were  growing  nice. 

Q 

Have  you  seen  those  troos  in  tlie  last  year  or  t./o? 

A 

Yes,    sir. 

Q 

In  what  condition  are  tiiey  nov/? 

A 

Dead . 

Q 

VJb.en  you  first   sa:?  tliose  cienegas  v/ere  tliere  any  grasses 

gDO 

Hing  there? 

A 

Yes,   sir. 

Q 

Any  tules?'  •   '  "^ 

A 

Yes ,  sir.'. 

Q 

To  -vf  at  extent? 

A 

It  v/as  wet  and  r.iuddy. 

Q 

To  wliat  extent  v;ere  those  grasses  grov/ing  there? 

A 

T-ey  gro  ed  big. 

Q 

How  ms.ny  acres   of  cienoga  was  therj   on  tlmt  side  alto- 

get 

he  r? 

A 

Well,   it  is  pretty  hard  to  tell  in  the  shape  it  was   in. 

Probably  30  or  40  acres  of  cienegas  there. 

Q 

And  in  the  cienegas  you  include  wiiat  v/as  the     round 

in 

which  there  was  -/ater  rising? 

A 

Yes,   sir. 

Q 

\%ia.t  is  the  condition  of  the  grasses  there  ^ow? 

A 

It  is  all  in  grain  nov/.  It  is  dry  and   it  is  in  grain. 

Q 

Is  there  any  ri s  ing^water  on  tiiL^t  side  on  the  surface? 

A 

No,   sir. 

Q 

How  long  since   there  has  ceased  to  be  any? 

A 

Since  they  ran  the  tumiel. 

/  ±'<y 

Q     About  when  v;as  "!■..  at? 

A     I  don't  remember  v/vat  year  they  conir;ienced  to  nan  it. 

Q     You  don't  mean  the  year  wiien  the  tunnel  was  first  put  there? 

A    Mien  it  broke  t.  rough  the  clay  and  ;-jot  into  the  ,/ater 
strata  the  v;ater  quit  flov/igg  there. 

Q     Did  t-.ey  quit  gradually? 

A     No--  Yes,   t:;iey  quit  gradually. 

Q    V/liero  vvaa  that  water  first  taken  to  and  distributed  far 
irrigation  when  the  tunnel  was  first  completed? 

A    Cucamonga. 

Q    Were  the  v/aters  commingled  and  used  for  irrigation  as 
taken  from  tlie  v/est  side  with  tiie  waters  that  were  taken 
from  the  east   side  of  the  red  hill  at  any  point? 

A     I  guess  it  v/as ;  yes. 

H'lr.  Waters:  Q  This  land  vliich  used  to  be  boggy  that  you 
have  described,  the  cienegas,--  take  for  instance  the  ciene- 
ga  on  the  east  side:  Were  you  familiar  with  the  springs  and 
cienegas  on  tlie  east  side  of  the  red  hill? 

A  Yes,  sir. 

Q     When  you  first  knew  them  how  boggy  were  they? 

A     It  was  all  cienega  and  wet   springs  rising  all  around 
there . 

Q     Gould  you  go  across  it  with  a  team? 

A    No.  You  couldn't  go  across  on  foot  unless  you  had  gum 
boots  on. 

Q    Ho?/  is  it  no¥/? 

A     I  have   it  all  ploived  up  and  put  in  corn  and  potatoes 
and  grain. 

Q     So  the  surface   is  now--  A    No  v/ater  rises  tiiere  at  all. 


V4i 


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Cross  Examination. 

Mr.  Ciiapiian:     Q    You  say  the  waters  from  this  Eady  Tunnel 
are  coiaLiingled  with  the   //aters  of  the  east  side:  Wiiereabouts 
is  it  mingled? 

A     In  the  reservoir  aboit    three  eighths  of  a  mile  south  of 
the  Santa  Fe  road ,   oia  Arhhibald  Avenue . 

Q    r  at  is  ,   south  of  your  place? 

A    Yes,  sir. 

Q  And  all  of  these  ranches  belonging  to  the  old  settlers? 

A  No;  they  can  turn  it  in  up  in  the  red  hill.  Mo,  it 
coiaes  do\wi  the  San  Bernardino  road  and  connects  at  the 
school  nouse.  That  is  r.he  north  line. 

Q  \71iat  do  you  mean  by  the  north  line? 

A  The  north  line  runs  in  the  San  Bernardino  road  and  con- 
nects at  Archibald  Ave  nue  v/here  the  street  is,  and  runs  into 
the  reservoir  a  couple  of  hundred  yards,  probably,  west 
of  Archibald  Avenue  on  the  San  Bernardino  road.  That  is  t.ie 
north  connection.  And  the  south  connection  is  dov/n  below 
the  Santa  Fe. 

Q  Where  does  t::at  north  co  nnection  —  where  does  t/.at  water 
come  from? 

A  It  came  out  of  the  Eady  tunnel. 

Q  Did  any  of  the  waters  of  t.ie  ./est  side  ever  come  into 
the  old  set'-lers'  pipe? 

A  No,  sir. 

Q  What  time  of  the  year  1874  was  it  tuat  you  crossed  the 
Cucamonga  stream  and  found  it  to  be  20  feet  wide  and  up  to 
the  hub? 

A  In  ilarch. 


42 


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Q    And  aboit  wiiat  velocity  had  trie  vrater  there  if  you  knovr? 

A     Oh,   it  ran  pretty  swift, 

Q    When  77as  the  next  time  tj  at  you  saw  tliat  creek  at  tlie 
sanie  place? 

A     It  was   in  the  latter  part  of  June   of  the  saj'iB  year. 

Q    Abont  hov/  much    .atsr  y^.s  there  tiiere   L.en? 

A    The  Vineyard  Company  had  part  of  it  turned  out  on  their 
place;  probably  100  inches;  and   there  was  probably  tv/o  or 
three  hundred  inches  running  do\m  the  wash  in  June. 

Q     ¥nen  did  vou  next    sec   it? 

A     It  '»vas  about  two  years  a^^ter  that . 

Q    T  at  would  mske  it   in  1876? 

A    Yes,  sir. 

Q     And  in  vi^at  time  of  t..e  year? 

A    I  think  it  v/as  September, 

Q     About  how  iiwch  v/ater  v/as  there  flowing  there  t-ien? 

A    Part  of  the  water  v/as  ruiining  down  the  wash  and  part 
running  to  the--  some  of  the  old  settlers  got     part  of  -.he 


water. 


Q  How  mi;.ch  was  floifdng  in  the  creek  at  fiat  time? 

A  Probably  50  indies  flawing  in  the  creek. 
40  or  50  inches. 

Q  When  didyou  next  see  it? 

A  In  1881. 

Q    Miat  time  of  the  year  vms  t^iat? 

A    That  was  in  the  fall  again;  about  September. 

Q     About  how  much  water  was  there  flowing  theri  then? 

A     I  don't  thiiik  there  was  any  flov7ing  down  the  v/ash.   I 
think  they  hati   it  all   out  . 


43 


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Q     About  hov/  mucii  vas  there   in  tiie  creek  before  they  took  it 
out? 

A     I  didn't  ^^^o  up  the  creek  and  I  didn't  see  none   in  the  wash. 

Q    As  a  natter  of  fact,   the  amoimt  that  flows  in  the  creek 
fluctuates  very  considerably'"?  It  is  very  different  in  dif- 
ferent years,   is  it  not? 

A    Well,    that  crock  don't  fluctuate  very  much.   It  hasn't 
fluctuated  very  much,   only  in  the  spring  when  the  water  is 
up. 

Q     Is  the  fluctuation  considerable  during  the  season  from 
the  spring  to   the  fall? 

A    In  the  s  uminer  time  ? 

Q    Yes,   sir. 

JS    Ko;  not  veiy  much;  it  didn't  use  to  be. 

Q     'fnat  vras  the  first  tunneling  donv/  in  that  section  to  your 
knowledge  ? 

A    I  don't  recollect.  I  v/as  tliere  when  they  started  the  tun- 
nel,    but  I  don't  reuember  wliat  year  it  was  done. 

Q     Do  you  know  anything  about  \tist    is  called  the  Y  tunnel? 

A    Yes,  sir. 

Q    Do  you  know  when  tiiat  was  constructed? 

A    No;   I  don't   recollect  the  year  they  started.   It  started 
up  right  away  after  we  raade  the  transfer.   I  can  go  to  the 
records  and  find  out.     Ri  ht  av/ay  after  v/e  made  th&^transfer 
t  ey  went  to  tunnelin,g. 

Q    Do  jrou  know  anything  about  any  trenciies  that  were  cut  in 
those  cienegas? 

A    Yes,   sir. 

Q     About  when  were  they  coraiienced? 


V44 


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A    Tlia.t  was  nade  about  the  time  t.iey  \rere  starting  to  tun- 
nel ;  the  trencries  are  there  yet . 

Q    Haven't  there  been  trenches  cut  there  from  time  to  time   , 
extending  over  several  years? 

A     Yes,    sir. 

Q     Prior  to  the  3^ear  19C)0? 

A    Yes,    sir. 

v;    Do  you  knov/  an  Khing  about  the  time  the  Eady  tunnel  v/as 
coiiimenced? 

A    No;   I  don't  recollect  the  time. 

Q  Have  you  any  idea  of  the  length  of  time  it  has  been  since 
they  began? 

A    No;   only  just  ri ^:it  away  after  we  made  the  transfer,  and  I 
don't  remeriber  the  year  to  made  the  transfer. 

Q    Was  the  Eady  tunnel  made  right  away  after  you  nade  the  tra:.a' 
fer? 

A    Shortly  after 

Q     What  transfer  do  you  refer  to? 

A    To  w  at  is  called  the  Cucamonga  Water  Company,  and  we  took 

an  inch  to  8  acres . 

Q     In  lieu  of  tne  '/ator  right  which  you  .ad  previously  claimed 
A    Yes,   sir. 

Q     So  thctt  riglitaway  after  tliat  vvas  done  this  22-inch 
pipe  was     laid  and  the   "Y"  tunnel  was  comrasnced?  Or  •..'as  the 
"Y"  tunnel  corxienced  before  that,   or  do  you  kno\7?  This   "Y" 
tunnel  vas  cormenced  about  tiat   time,  and   the  Sady  tunnel 
also? 

A    Yes,    sir. 


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74i. 

Q     And  the  trendies  cut  abcut   t.:ie  B,ajae  time  too? 

A     I  think  they  v/ere  cutting  the  trenches  before  t?iat  tine. 

A  LIr.  Sinith  had  charge  there  and  he  put  in  a  concrete  daiii  and 
cut  some  trenc'  es  in  there,  I  think,  before  anything  v;as  done — 
before  any  transfer   or  anHhing. 

Q    When  you  first  began  tiie  use  of  v;ater,    you  say  it  v/as 
through  an  o/^en  ditch? 

A    Yes  ,  sir, 

Q    Y/ho  controlled  and  nianaged  t  at  ditcli  or  claimed  it  at 
t  at   time? 

A    Miat  v;as  called  the  Old.  Settlers. 

Q    Did  they  construct  a  ditch? 

A     The  ditch  was  made  before  I  came  there.  There   \7as  a 
ditch  made  there   in   '74. 

Q     Did   the  ditch  conduct  the    .vater  dov/n  to  the  place  "sliere 
the  old  settlers  began  to  use  it? 

A    Yes,   sir. 

Q     By  those  old  settlers  do  you  mean  the  persons  who  held 
the  rii^hts  to  the  33.84  inches? 

A     Yes,    sir. 

Q    About  ho'j  long  after  that  was  the  flume  put  in? 

A    I  think  it  v/as   in   '83,   in  the  fall, —  in  August,   I 
believe  it  was,   in   '83, 

Q    How  long  did  you  continue  to  use  that  flume? 

A    Until  this  pipe  was  put  in. 

Q     And  the  pipe  v/as   laid  about  when?  Tliat  was  rigiit  after 
the  transfer? 

A    Yes,  sir;  ri^;iit  after  tlie  transfer,  but  I  don't  remember 
the  year. 


'46 


V4t6 

'■>        1 

Q 

And  t  at  pipe  iias  been  used  e-. er  since  for  the  purpose  of 

2 

conducting  the  v/ater  over  to  the  old  settlers,  vThere   they 

3 

got 

'heir  proportion  in  the  pipe? 

4 

A 

1* 

Yes  ,  sir. 

5 

■■"i 

Dur  ing  tliat  time  until  tlie  last  few  years,  y  uu  had  the 

6 

full  33.84  inches? 

7 

Yes,   sir. 

8 

Q 

And  it  was  a  constant  flow? 

9 

A 

Yes,  sir. 

10 

Q 

Used  by  the  old  settlers,   I  suppose? 

11 

A 

Yes,   sir. 

12 

Q 

Were  you  using  it  all  the  time? 

.-    13 

A 

We  didn't  use  it  in  the  winter  time. 

Z   >-   K 

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Q 

Did  tlie  v/ater  flow  in  tiie  pipe  in  the  v/inter  tkie? 

5   ui    " 

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Q 

Never  ceased  to  flov/?  And   it  was  used  for  domestic  water 

0 

17 

also? 

18 

A 

Yes  ,  sir. 

]9 

Q 

But  you  didn't  use  it  for  irrigation  in  the  winter  time? 

20 

A 

No.  Nobody  used  much  of  it.   It  was  tr:ere   if  they  wanted 

21 

to 

use  it. 

22 

1) 

But  a;-  a  matter  of  fact  you  didn't  use  it? 

23 

A 

Not   in  the  v/ inter  time. 

24 

Q 

This  v/aste  water  which  you  saw,     what  time  of  the  year 

25 

did 

you  say  tiiat  was? 

26 

A 

In  '95,   I  think. 

27 

Q 

'7i]at  did  you  mean  by  waste  water?  What  was  it  tiat    caus- 

28 

ed 

you  to  regard   it  as  v/aste     ater? 

29 

A 

The  v/ater  that   I  speak  of  north  of     he  San  Bernardino 

747 


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road  call©  from  the  ssaid  box  aiid  flov/ed  dov/n  to  the  iroad, 
and  at  that  time  a  part  went  e  ast  and  a  part  went  west, 
in  the  c  ul verts,   and  dov/n  in  tne  brush? 

Q.   Did  you  knav  the  cause  of  it? 

A    No,    sir. 

Q     You  don't  knov/  where  it  caine  from? 

A    It  ca':ie  from  tiie  dand  box  just  above  the  road. 

Q    Wliereaboufc  s  was  it  t^^at  you  say/  this  v/aste  water? 

A    I  should  judge  it  was  al^out  half  a  mile  west  of  the 
Eady  tunnel. 

Q      From  the  mouth  of  the  Eady  tunnel  ? 

A    Yes,   sir. 

Q     Wnere  was'  the   sand  box? 

A    Ri.:}it  above;  probably  100  yards  above  the  road. 

Q    How  was  t.  e  water  conducted  from  the  sand  box  to  the 
place  where  you  saw  the  w  ste  water?  Or  was  the  waste  water 
coming  out  of  the  sand  box? 

A    Coming  out  of  the  sand  box. 

Q     Then  whore  did  it  go  to? 

A    Down  in  the    -irush;   dovrn  into  the  v/asii. 

Q     Wasn't  conducted  into  any  sort  of  a  cenduit? 

A     No,   sir. 

Q     You  say  you  don't  knov7  the  cause  of  it? 

A    No,    sir. 

Q  You  say  you  saw  it  several  diffef'ent  times? 

A  Yes,  sir. 

Q     At  what  intervals?  Over  about  wlnt  space   of  time  was  it 
tliat  you  witnessed  this  waste  water  flov/ing? 

A    Two  ortiireo  months. 


748 


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Q     And  how  often  did  you  see  it  in  t'lat  tv/o  or  three  montiis? 

A     Sometimes  I  vjas   over   tiiere  four  or  five  or  six  times  a 
month  and   sometimes  not  more  than  tv^o  or  tnree  times. 

Q    During  tliis  tv/o  or  three  months   that  you  are  speaicing  of? 

A     In  each  month. 

Q    And  it  was  flowing  continuously? 

A     It  was  flo.ing  wlesn  I  went  along. 

Q    But  in  varying  quantities? 

A     Riglit  dovm  south  of  the  track--  I  dich  't  see  much  differ- 
ence in  it  north  of  the  San  Bernardino  road.  T  at  place 
that  I  spoke  of  south  of  the  San  Bernardino  road,   sometimes 
there  wasn't  any  -ira.ter  flowing,  aometimes  asjuall  stream 
flo7/ing  and  sometimes  a  big  s  ream  flowing  . 

Q  North  of  the  San  Bernardino  road  you  say  it  was  differ- 
ent? 

A  Tnere  was  a  big  streai"!  flowing  there. 

Q  But  it  was  different  from  v/hat  there  was  on  tlie  south 
side? 

A  Yes,  sir. 

Q    Did  the  waste  water  which  came  from  the  south  side  and 
tlie  water  which  cane   on  tlie  north  side  come  from  tlie  same 
place? 

A    I  couldn't  tell  you. 

Q     Did  you  know  where  either  one  ceuae  from? 

A    No,   sir. 

Q    I  thou'iit  you  said  it  came  from  tiie  sand  box? 

A    Yes;  but  I  don't  know  v;here  it  came  from. 

Q    Did  the  \mtercane  from  the  sa  me  sand  box? 

A    I  didn't  soy  so . 


49 


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25 


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'V_ 

Q     But  did  it? 

A     I  tliink  on  the  north  side  of  the  San  Bernardino  road  it 
caine  out  of  the  sand  box,   and  that  on  the  south  side  of 
the  railroad  caine  out  of  the  concrete  pipe. 

Q     It  was  ■■astin^  then  from  tv/o  different  places? 

A    Yes,   sir;   from  tvo     different  places. 

Q    Didn't  you  testify  in  y':.ur  direct  examination  t  at  some 
times  there  was  a  very  little  water  and  sometimes  quite  a 
little  str  aam,--  from  50  to  75  and     ,   you  thought,  possibly 
sometimes  100  inches? 

A    Yes,  sir;   I  should  tiiink  so;   sometimes  a  big  streiam. 

Q    l^Qien  you  v/ere  talking  abcut  sometimes  there  was     very 
little  and  sometiDies  a  great  deal,  wiiat  did  you  reie:-  to? 

A     South  of  the  railroad. 

Q     Hov7  v;as  it  north  of  uiie  railroad? 

A    Y/lien  it  ■  asn'ij  raining  it  se^-imed  to  be  running  about 
the  sar.ie . 

Q     About  how  much? 

A     I  should  judge  a  couple  of  hundred  inches. 

Q        Do  you  mean  at  the  time  t  at  you  sav^  the    vaste  water 
there,   from  200  to  275  or  300  inches,--  or  did  the  200 
inches  include — 

A    There  v/as  probably  from  150  to  200  inclies  running  out 
north  of  the  San  Bernardino  road. 

Q     And  then  south  of  "'.he  San  Bernardino  road  the   .-.'ater 
that  flov/ed  out  was  not  a  part  of   .he   stream  tliat  flowed 
out  of  the  north  side? 

k     1  don't  know  ?jliere  tiie  water  caiue  from. 

Q     You  don't  know    ''.ere  eit;ier  one  of  tiiem  came  from  original • 


50 


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29 


7bt 

A    Mo,  sir;    I  '  an't   say  where  eitljer   one   of  t.hem  caae  from. 

Q     VAiat  I  am  trj'-ing  to    :et  at  is  did  the    .ater  flov/ing  out 
at  the  north  side  flov/  across  the  road  on  to  the  south  side, 
and     as  the  v/ater  that  you  sa?/  on  the  south  side  water  that 
cajne  out  of  the   sand  box  on  the  north  side  of  the   roa  d? 

A    The  tv/o  places  are  over  a  jidle  apart.  The  one   on  the 
north  side  of  the  road     divided  and  went  to  the  bridges  a;  d 
dovm  into  the  brush.  Tlie  one  on  the  south  side  of  the  rail- 
road track  ran  down  into   the  brush. 

Q    Tou  scy  the  tv/o  points,   the  sandbox  and  the  pipe  from 
which  the  water  was  issuing,  was  over  a  mile  apart? 

A     I  guess   it  is  more  than  a  mile  apart;   a  mile  and  a  half, 
I  guess. 

Q    You  didn't  look  to  see     feat  was  the  cause  of  the  v/ater 
being  so  much  at  some  times  when  it  v/as  not  so  at   other  times? 

A     Ho,   sir. 

Q  Did  you  ever  say  anything  about  it  at  the  time? 

A  Yes,  sir. 

Q    Did  ;"ou  make  any  complaint  about   it? 

A     I  riidi't  enter  no  complaint. 

Q     It  v;as  not  affecting  you  personally? 

A    Only  last  fall,   I  spoke  about  it   tlien.  Tliat  was  the 
only  time  I  made  any  statement  about  it. 

Q     It  was  not  affecting  you  per.-onally,  was  it? 

I^.  Haskell:   I  object  to  that  as  calling  for  a  conclusion  of 
the  witness. 

Tjie  Cdu  -t:   It  rai^^t  and   it  mi^^ht  not. 

I'vlr.  Haskell:  We  will  withdr-w  the   objection. 


V51 


'51 


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Mr,  ISJlTaprnan:   I  guess  you  have  done  all  the  harm  you  v/anted  to.j 

Q    You  didn't  take  the  trouble  to  investigate  tiiat  and   see 

where   it  car.ie  from,   or  anything  about  it? 

A    I  know  './here   it  cane  from  througli  the    ,ords  of  the                   ' 

zanjero,   if  you  \imit  to  know.  He  told  me  v/here  the  water 

came  from  and  v/here   it  went  to. 

Q     Did  he  tell  you  how  it  happened  to  be  going  t  ere? 

A    Yes,   sir. 

Q    Tliat  was  in  the  fall  of  1906  or   '5? 

A     He  told  me  that  was  the  waste  ditch,  and  when  they 

didn't  use  the  water  they  turned  it  dov/n  in  the  brush. 

Q  T::en  you  didknow  how  it  happened  there? 

A    Only  from  i-jiiat  he  told  me. 

Q     Tliat,   I  believe  you  said,   was  in  the  fall  of  1906  or 

1905? 

A     '5  and   '6. 

Q     You  never  observed  it  before? 

A     ¥es  ,   sir;    tlere  lias  been  water  running  out  on  the  south 

side  of  the  track  sometimes  before  in  the  winter  tirje. 

Q    Do  you  know  when  tlae  bulkliead     was  put   in  the  Eady  tun- 

nel? 

A     I  think  in  January. 

Q    Last? 

A    Yes,   sir. 

Q    Bef  ere  that  the  water  of  t!iat  tunnel  ran  out    all  the  time? 

A    It  ran  out--  not  all   tiie  time;   tere  v;as  './ator  running 

out  there. 

Q     'JlOriat  was  to  prevent  its  ruiming  out  from  ^iie  mouth  of  the 

tufinel,  whether  it  went  to  n^ste  tr  anything  else? 

I 

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A  It  r;;n  out  of  the  tunnel;  yes. 

Q  And  the  bulkhead  was  put  in  to  prevent  its  running  out? 

A  Yes ,  sir. 

Q     And  up  to  t'  .t  time  there  via.s  no  means  to  prevent  it? 

A    There  was  none  running  to  waste  then. 

Q     I  am  talking  about  its  running  out  of  the  tunnel —  out 
of  the  mouth? 

A    I  haven't  been  up  to  the  tunrel  since  then. 

Q     I  mean   before  tliat.  Before  the  bulkliead  v/as  jout  in  tliey 
had  no  way  of  preventing  it  running  out  of  the  tunnel? 

A    No,   sir. 

Q     A  great  deal  of  the  time  they  were  using  it  all,   I  sup- 
pose? 
A    Yes. 

Q     Do  -^ou  know  w'  ere  the  Blackburn  Addition,   so  called, 
is? 

A    Down  south  of  the  Southern  Pacific. 

Q     Do  you  know  as  a  fact  t  at  part  of  the  v/aters  v/ero  being 
used  dovm  there  and  carried  there   in  a  pipe  line? 

A    I  know  it  was  carried  dov/n  there  in  pipe  lines. 

Q     Do  you  know  by  wna.t  pipe  line   it  is  ca'-ried  dov/n?  Wlio 
manages   or  controls   it?  Isn't  it  tlie  Cucainonga  Water  Company? 

A    Tlie  Cucarnonga  Water  Company  made  the  pipe  lines  down  tiiere. 

Q     Do  you  know  -jho  it  was  or  W-at  corporation  it  was  that 
constructed  the  Eady  tunnel  in  the  first  place? 

A     It  is  called  the  Cucamonga    ater  Compaiiy,  unaor  :-r. 
L^/nch's   administration,  and  WrL^hti. 

Q    Did  the  Cucamonga  Fruit  Land  Company  have  anything  to 
do  with  it  originally?     A    Yes,   sir. 


75. 


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Re -Direct  Examination. 

Mr.  Has'- ell:   Q     D^  you  knov/  v/here  this  sand  box  is  tiiat  you 
have  spoken  of  in  reference  to  the  pipe  line  of  the  San 
Antonio  '.'ater  Company  leading  westv/.^rd  from  the  Eady  tunnel? 

A     It  is   on  the  pipe  line;     tiiat   is  • -here  the  pifje  line  runs, 

Q     It  was  an  opening  in  tue  pipe  line   of  'he  San  Antonio 
V/ater  Company,  v/as  it? 

A    Yes,   sir. 

Q     You  have  knov/n  the  Cucamonga  S^jrings  aincij  1874? 

A    I  nevar  was  up  to  the  springs;   I  cDussed  the         road 
tl'ien, 

Q     You  have  kno\^Ti  them  since   '53? 

A    Yes. 

0     \liere  are  those  springs  located  v/ith  reference  to  the 
red  hill? 

A     On  the  east  side   of  the  red  hill. 

Q     Any  on  tlie  west? 

A    Yes. 

--0-- 

E.    T.  \VRIG-hT. 
E.  T    WlIGrHT,  here ;.bf ore  sworn  and   examined,  being 
recalled  for  nlaintiffs,   testified  as  follov/s: 

Dire  c t  Examinat i on . 
j.Ir.  Britt:  Q.  Look  at  Ihis  tabulation  Exnibit  3.   In  the 
coluj.m  under  the  Ib  ad   of   "Observer"  at  the  lei't  of  the 
tabulation,   at  the  date  A^ril  20,   1904,   the  name  E.T.Wriglit 
appears  as  tl^e  observer  of  various  phenomena,  which 
from  tlio  testimony  alread     introduced  I  understand  to  be 


'54 


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V54 

recorded  on  this  tabulation.  Did  you  make  o  servations  or 
measurements  of  wa':>er  and  measurements  of  '.veils  which  are 
r  corded  on  this  t&i?ulation,  at  t:  at  time? 

A  Yes,  sir, 

Q    i\nd   does  this  tabulation  sliow  correctly  in  the  several 
columns  appearing  here  tiie  results  of  neasurments  v/hich  you 
made  at   the  several  dates  follov/ing  your  name,   corxiencing 
with  April  20,   1904? 

A    Yes,   sir. 

Q     At  various  points  in  the  ssiae  coluiiin  mnder  the  lead  of 
"Observer"  are  the   initials  E.T..'.  and  J.O.il.  Do  you  know 
Wiiat  those  signify? 

A    E.T../.  means  E.T.Wriglit,  and  J.O.M.  means  J.O.  I'larsh. 

Q    i^ind  E.T.W.  are  your  own  initials? 

A  BYes,    sir. 

Q     Indicating  that  ^^ou  joined  with  Ltr.  Marsh  in  liiaking  the 
measurements  which   are   exliibited  on  this  tabulation? 

A    Yes,   sir;  we  took  them  separately,     but  \:g  './ero  both 
present. 

Q  At  sundry  points  following  April  20, or  after  Sf^ril  20,1904, 
your  initials  ap^B  ar  and  sometiues  in  cormection  with  other  ob- 
servers .State  \.-hether   tiie  observations  which  you  then  made 
have  been  placed  on  tliis  tabulation  correctly,   or,  rather, 
the  results  of  '^lie   observations  and  measurements? 

A    Tlie  results  of  t;  em  have;  ^'"es,   cir. 

Q     Tlie  last  entry  in  which  your  name  appears   is  under 
date  April  30,   1907,  Wriglit,  Purcell  and  Koebi^.  Tlie  meas- 
urements whicli  follov/  that  da.  e  and  those  names  as  observers, 
are  correctly  shovn  on  this  tabulation,  are  tliey?A    Yes,  sir. 


i 


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8 
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Wr,  Britt:  In  tiiis  cormection  vre  offer  the  rest  of  this  ex- 
hibit 3,  so  marked.  Tlie  neaijurenients  made  by  I.lr.  Wright,  and 
by  him  in  conjunction  v/ith  ot'.ers,  the  figures  shovm  in  the 
apjjr cpriate  c  olurons  • 

A  copy  of  said   ei±iibit  rray  be  found  at  the  end  of  the  trans- 
cript  of  this  day's  proceedings,   to-v,'it,  at  page  ) 

Cross  Examination. 

Itlr.  Chapiian:   Q     Have  you  put   on  th  t    s::eet  all  the  neas- 
urements  t.:at  you  rmde? 

A     I  think  so,  iir,  Chapiian.  The  one  list  of  wells  tliat   we 
are  measuj-ing  regularly,   I  thinly  I  put  them  all  on  the  sheet, 

Q    Did  you  measure  fi-Mlier  wells  tliat  you  didnot  p  ut  on  the 

sheet? 
A 
A    No,   sir;  no  other  wells  at  all.  We  measured  one  little 

weir  that  v/e     eall  8-1/2  or  8  a,   viiich  is  at  the  old  settlers' 

box,  which  should  represent  one -half  of  the     water  of  ttie 

creek,     and  '.'e  never  put  that  down  in  the  tabulation  because 

it  should  be    just  one-half  of  weir  no.  8,   aixl  we  didn't  keep 

aury  track  of  it  on  the  list. 

Q    You  mean  "here  they  received  the  v;ater? 

A     Yes,  sir;   on  Hellnan  Avenue  from  tiie  22  inch  pipe. 

0  — 


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V56 

S.  G.  COUSINS. 
3.  Gr.  Cousins,  heretofore  sv/orn  and.  esaimied,  being 
recalled  by  Interveners,   testified  as  follows: 

Direct  Examination. 

Mr.  Haskell:   Q     Have  you  examined  the  transcript  of  your' 
testiiiony  as  oade  by  tlie  official  reportei-? 

A    Yes,  sir, 

Q     Do  you  find  any  correction  in  that  testioiony  tjiat  you 
^ve  here  ti]at  you  desire  to  correct,   aa  it  apjjears  in  'die 
transcript? 

A     Yes ,  sir. 

si    You  Liay  do  so  now,  begmiuiing  on  page  554. 

A    Between  lines  7  and  8  tnere  should  be  another  measurement. 
April  4,   1907,   elevation   ,   13M.94. 
On  page  560,   line  11,   it  sliould  read  111-1/2  or  111.5 
instead  of  135. 

'.j    On  pag^   544  line  2  it  should  read   "Haskell  well"  instead 
of  well  No.  5. 

On  page  545,   line  10,   it  should  read  1369.25  inctead 
of  1268.25. 

— 0-- 


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/o 


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S.  P.  KING AID. 

S.  P.  KINCAID,  a  witness  produced  hj  plaintiffs, 

being  first  duly  sv;orn,   testified  as  gollov/s: 

Direct  Eiiaiaination. 

Mr.  'Vaters:    Q    Wiiere  do  you  live? 

A    Cucaiaonj^a. 

Q    How  old  are  ;'ou? 

A    Tliirty-eijiiit. 

Q    How  long  have  you  been  acquainted  with  t  c  t  section  of 

country? 
A     Mi  tliat  time,  more  or  less. 

Q    Ho\Y  long  have  you  been  acquainted  v/ith  or  fsjailiar  \.ith 
the  place  called  Cucamonga  Springs  or  Cienega? 

A    I  liave  been  acquainted  with  them  ever  since  I  could  ride 
horseback.   I  suppose   that  was  about  when  I  v/ac  six  or  seven 
years  old,   I  commenced  riding. 

Q    Has  tht  water  been  talcen  out    for  irrigation  ever  since 
you  can  rer.iember? 

A    Yes,   sir;   on  both  sides,   I  guess,   ever  since  I  can  re- 
member. They  took  it  out  on  both  sides. 

Q     Now  that  part  of   tlie  i/ater  of  thLt  section  v/hich  is  call- 
ed Cucamonga  Springs  and  the  Cucajjonga  Sienega  Springs 
stream,   that  flows  on  the  east   side   of  the  red  hill,  where 
v/as  that  used  when  you  first  knev/  it,   for  irrigation? 

A    V/ell,   it  was  used  at  the  old  v/inery;     tliat  big  open 
ditch--  I  suppose  that  v/ent  to  the  old  settlers  at  tiiat 
time;   I  wasn't  very  well  acquainted  at  t.:at  tims  ,  v/here   it 
went  to, 

w.     One  ditch  went  to  tlie  vineyard? 


58 


! 

758 

1 

A 

Yes,  sir;  one  ditch  went  to  the  winery. 

2 

Q 

And  the  other  went  easterly? 

3 

A 

Northerly,   in  a  kind  of  an  o  val  shape. 

4 

Q 

For  v;  at  purpose  was  t.  at  water  used? 

5 

A 

F  r  irrigation. 

6 

Q 

Vias  it  usod  every  year? 

7 

A 

Yes,  sir. 

8 

Q 

Wlien  did  ''ou  first  becane  familiar  v/ith  the  v/ater  of 

9 

tiiat   streaLi  with  a  viev/  to  Imovang  anythirig  abcut  the 

10 

quantity  of  v/ater  that  flowed  in  tlie  stream  usually? 

11 

A 

On  v/hich  side? 

12 

Q 

Tlie  east  sid§,   I  am  talking  about. 

X     13 
•1 

A 

About  wiiat  year? 

<i3 

A 

It  m  ust  have  been  about    '88. 

2    0=    5 

«.i  15 

a<  J, 

Q 

In  what  kind  of  an  aqueduct  v/as  the  v/ater  used  when  you 

-OS 

first  knev/  it? 

17 

A 

It  was   a  pipe  line  at   tliat  time;   it  was  all  piped. 

18 

Q 

Did  you  ever  use  any  of  tiiat  v;ater  for  irrigation? 

19 

A 

Yes ,  sir. 

20 

Q 

When? 

21 

A 

In  about   '87. 

22 

Q 

At  V7  at  place? 

23 

A 

OiJL  w:iat  \ie  called  the   old  homestead;  mother's  rancii. 

24 

Q 

l.'ihere  is  tliat  place  situated? 

25 

A 

That  is  right  between  HellnRn  and  Archibald.  It  joins  the 

26 

Santa  Fe  track  on  the  south. 

27 

Q 

How  many  acres  are  there  in  tiat  place? 

28 

A 

24. 

29 

Q 

And  v/liat  quantity  of  water  did  you  have  in  use  on  the 

«  - 


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5 
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7 

8 

9 

10 

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z  <=  £ 

M.i  15 

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V59 

place? 

A  We  got  the  full  flow  of  33--  protty  near  34  inches.  I 
don't  knov/  ho-;  nearv/e  got  it,  but  once  a  month,  we  got  tv;o 
heads,  and  for  the  follov/ing  month  we  got  three  heads,  and 
I  think  we  got  a  lii  tie  more  than  wijat  naturally  belonged 
to  us. 

Q  <i'as  that  part  of  v/jiat  v;as  termed  the  old  settlers  water 
right? 

A  Yes,  sir. 

Q  Ycu  took  it  in  turns  among  eachother? 

A  Yes ,  sir. 

Q    And  you  divided  it  in  tine    ratner  tlian  in  cjuantity? 
Tiiat  is,   you  didn't  get  a  litule  continuous  straani? 

A    No. 

Q  You  got  it  in  leads? 

A  Yes,  sir. 

The   Court:  Q  Was  it  used  from  the  start? 

A  Ever  since  I  can  remember. 

Iilr,  Waters:  Q  Dui^ing  these  years  that  you  liave  knov/n  tliat 
water  was  it  necessary? 

A  Necessary  for  water? 

A  Yes,  sir, 

A  Yes,  sir, 

Q    Those  lands  require  v/ater  to  make  profitable  crops? 

A    Yes,   fc'ir;   you  couldn't  raise  an  orar^e  t.  ere     ithout  water. 

Q    How  was   it  with  respect  to  raiether  you  used  the  water  in 
the  v/inter  as  v;ell  as  sui^imer? 

A    You  know,  -m  used  tijat   viater  as  domestic,  and  the 


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a.i  15 


It 

—    05 


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■ 71. 

Cucanoiiga  Y/ater  Company  at  that  time  after  I  went  there, -- 

they  h^d  to  l:ave  part  of  the  v/ater,      so  v/e  alv/ays     got  our- 

33     or  34  inches,  vdnter  and  sujiiner,  We  had  to  make  use  of 

it   and  iiad  many  scraps  over  it  to   see  v/ho  vrould     take     the 

day  w:en  it  carae  around.     V/e  had  to  take  our  water,   rain  or 

shine,   each  one  of  us,   except  v/hen  it  flooded  over  ojid  closed 

up  the  sand  box.   It  mi^;ht  be  a  week  at  a  time  to  clean 

it   'I. 

it  out  so  that  the    ■ater     would  oome  a^^in. 

Q     You  did  use  it  for  domestic  use  all  tlie  v/inter? 

A    Yes,   sir. 

0 

Q.  Ind  you-  kept  it  running  all  the  time? 

A     Yes,  sir.   In  tlie  last  few  years   I  iad  to  make  otlier 
arranu,ements.   It  ^^ot  so  short  t]iat  I  had  to  buy  some   stock. 

Q     I  am  talking  about  before  the  shortage  occurred. 

A    We  all  used  it. 

Q     Mien  v/-as  the  first  time  the   first  shortage   occurred  in 
tlmt  33.84  inches? 

A    I  think  it  coo.ienced  to  shorten  in  about  I'rOl  or  '2; 
aiong  about  tliat  time. 

Q     Did  that  sliortage   operate  to  tlie   injury  of     those  people? 

A     It  did,   up  to  the  time  we  had  to  put  in  pumping  plants, 
to  got  our  water. 

Q     This  vrater  was  gravity  water  that  you  had?  A    Yes,   sir. 
Q   And  th  t  was  w  tliout  ex^jense?  A.  A  si-^all  expnse  for 
zanjero's  fees. 

Q    You  diaget  another  supply  after  this  gave   out?  A    Yes. 

Q    Was  tliat  also  v/ithout  exi)ense  or  with  expense? 

A    Very  expensive  at  that  time. 
— ^ — Has   it  alvfays  bef^n  p.TViPinsivp.  sinr.R  y<r\\\  had   tn  pump? 


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«.i  15 


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O  3 
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16 

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V61 

Q     Nov/  tJiis   3o.84  inches  that  has   flov/ed  in  this  pipe  line, 
from  v.hat  source  has  it  been  obtained,   from  v/hat  s  rearn? 

A     Vifell,   from  the  Cucamonsga  Sprin;;;s,   it  woud  be,--  of  course, 
ouit  v/ater  would  be  ri-ht  north  of  the  olff  Park  Hotel. 

Q    Y/as  that  the  sou  rce  during  all  tlie  time  up  to  the  time 
you  had  to  go  to  pumping? 

A    I  worked  for  theCu  amonga  '.'ater  Qonoajij —  v/hen  our  water 
was  short,  a  little  short,     they  used  to  take  some  wa  er  to 
make  up  for  us,   from  tiie  Y  tunnel,  and  brought  it  dov/n  and 
turned  it   into  the  bOK. 

Q    W  enever  the  stream  did  get  IM  and  there     was  water  in 
the  Y  tunnel,   they  v/ould   supply  the  deficiency  from  the  Y 
tujiriel? 

A     Yes,   sir.   I  worked  for   the  Company  during  t.  at  time. 

Q     V/  at  years  v/ere  those? 

A    Thosewere  about  1891. 

Q     Taat  is  some  16  years  ago? 

A    Yes,  sir. 

Q  "Hie  Y  tunnel  is  situated  in  the  cienegas,  up  above  the 
point  of     diversion  from  the  stream? 

A    Ri];lit  nor'h  of  tlie  winery. 

Q     Wiiat  'lave  you  observed  if  anjrthing,   relative  to  the 
decrease  in  the  flow  of  waters  out  of  Cucamonga  Springs, 
into   ""he  Cucamonga   stream,   if  it  jias  boon  natural  or  decreat'ea? 

A    Of  course  there  1ms  been  a  big  decrease  in  iti,i  in  the 
last  six  or  seven  years. 

Q  Have  you  noticed  that  tiat  h-is  been  coincident  with  or 
happening  in  conjunction  with  something  else  t  at  happened 
at  the  same  time  in  the  neit^^hborhood? 


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2 

3 

4 

5 

6 

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10 

11 

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17 

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A    J  st  in  ny  ovm  mind,   of  course  — 

Q     I  am  not  talking  about  yom-  mind,   or  your  opinion,  I  am 
talking  about  your  observation:  Was  the  decrease  of  v/ater 
in  this   stream  coincident  with  the  happening  of  anything 
sise,  aiiy  other  event,  about  there? 

A     Of  course,  those  tunnels  and  things  opened  in  there,  v/ere 
bound  to  decrease  the  water. 

Q    I  am  asking  you  if     he  tv70  things  didhappen  together, 
th£:t  is  all  I  am  asking  you.  Did  the  v/ater  of  the  stream 
decrease  coincident  •,/ith  the  happening  of  anything  else? 
Did   it  or  d   id  it  not? 

A    Yes,   sir. 

Q  Did  tlie  v/a  or  ever  decrease  materially  before  those 
things  happened? 

A  No,  sir. 

Q    You  have  had  dry  seasons  before,  haven't  you,   thit  is  to 
say,  years  when  tliere  was  a  li^t  rainfall? 

A    Yes,   sir. 

Q     Did  tliat  stream  ever  decrease  to  flov/  as  iittle  as 
33  inches  before  tiiat? 

A    Not  as  long  as   I  could  renienber. 

Q     About  hov;  low  nad  you  ever   s  en  tlie  stream  in  tlie  driest 
season  before? 

A    You  mean  in  the  wash  tliere? 

Q    Tliat  is  v;h^t  I  mean.  Hov;  lo,.  had  you  ever  seen  it  before? 

A     Of  course,   that  is  a  hard  question,  but  just  to  take  and 
look  at  it,   I  don't  think  I  ever  sav/  less  than  150  inches 
in  there. 

Q    Have  you  obse:^ved  the  dif  ferenc  :-  in  the  ap|)earance  of  the 


.  rjo' 


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Vbc 


surface  there  about  those  springs,  since  these  various  v/ells 
and  tunnels  and  pumps  have  been  constructed? 

A  Yes,  sir. 

Q    Just  describe  to  us  wisat  clian^e  t  ere   is. 

A    You  take   it  in  '84--  v/hen  we  first  canie  do-.m  in  '62,  v;e 
couldn't  v/alk  over  the  springs,   lots  of  places  it  v/as  so 
swampy  you  couldn't  v/alk  over  it,   and  it  v/as  wet  and  tuleys 
and  grass  t  ere;  Nov;  Mr.  1/laddock  and  I  liave  had  grain  in 
t.  at  ground  where   it  ^r/as  so  swampy  you  couldn't  _-;et  a  horse 
over  it. 

Q    Did  that  swampy  appearance  prevail  in  the  dry  season  of 
those  other  years? 

A    No,   sir. 

0     I  say  in  those  other  years,  did   tiiat  sv/ampy  appearance 
exist,  even  in  the  cry  season? 

A    Oh,  yes;   it  alv/ays  did;  it  vra.s  s"jampy» 

Q    Did   it  ever  cry  up  until  this  v/ater  developnient^ 
was  made? 

A    No,   cir. 

Q  Before  these  tunnels  were  begun  and  these  shafts  were  dug 
and  the  puups  put  in  v.-e -e  there  any  springs  an^nvhere  on  the 
red  hill  itself? 

A  Do  you  mean  ri^'it  on  top? 

Q  Yes,  sir. 

A.     Well,  not  svTuare  on  top  of  it,  no,    sir;   I  ne-.  er  sav/  any   • 

Q    Were  tJiey  close  to   the  top? 

A    Yes,   sir;    tiose  springs  on  the  east  side —  on  the  west 
side  of  the  v/ash  as  you  go  up —  it  ran  pretty  near  two  thirds 
of  the  v/ay  up  the  hill  all  along. 


"^0     A 


64 


764 

1 

Q 

And  those  springs  extended  up  on  the  side  hill? 

2 

A 

Yes,  sir;  quite  a  ways. 

3 

Q 

Up  tc  about  wiat  distance  from  the  top  of  the  hill? 

4 

A 

I  shoud  judge   in  places  two-thirds   of  the  way  up. 

5 

Q 

Did  the  water  flow  out  of  those  springs  anyv7:ere? 

6 

A 

Yes,  sir;  all  alor-g. 

7 

Q 

And  it  flowed  do\m  into  what? 

8 

A 

In  to  the  Liain  clianj;el  of  the  v/ash. 

9 

Q 

And  fon.ied  a  trmb  utary  to  the  stream? 

10 

A 

Yes,  sir. 

11 

Q 

Wnen  did  t  ey  quit  running  or  quit  being  wet? 

12 

A 

WgII,   of  course  nov/,   you  take  it  eiglit  years  ago--  nine 

.-     13 

years  ago   tiiere  was  quite  a  r^ood  deal   of     ater  there,  but  nov/ 

-  «  -  1  < 

it 

is   just  as  dry  as  a  bone;   of  course,   I  never  paid  any 

i!ii5 

att 

ention  to  i     just  when  thej^jquit. 

_;  o  3 
o 

Q 

You  farraed  on  the  v/est  side,   some  time   ago? 

17 

A 

Yes,   sir. 

18 

Q 

In  ^lat  way? 

39 

A 

I  raised  potatoes. 

20 

Q 

How  many  seasons? 

21 

A 

One  season. 

22 

Q 

Did  vou  irrigate? 

23 

A 

Yes,    '^;ir. 

24 

Q 

?/iiith  W:,at  ?.'ater? 

25 

A 

With  the  west  side  v:ater. 

26 

Q 

From  wii  re  did   it  come? 

27 

A 

From  the  s^jrings. 

28 

Q 

Natural  springs? 

29 

A 

Yes,   sir. 

/iit 


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6 

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17 
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Q    How  many  acres  of  potatoes  did  you  jjlant? 

A     Well,   in  the  spring —  I  had  morein  the  fall  th  n     I 
did   in  the  spring.   Of  course,  we  raised  tv/o   crops  a  year 
there . 

Q     Aboit   how  many  acres  did  you  cultivate  there? 

A     I  suppo  se  about  8. 

Q    Hot/  many  inclies  of  water  did  you  use  as  well  as  you  can 
tell? 

A    Well,   as  near  as  I  can  tell  I  used  about  30  inches. 

Q    \TiTat  year  was  th;;t  or  years? 

A    Tliat  was  in  *84  I  think. 

Q    Have  ycu  obser-ved  anj'-thing  of  the  iTinning  to  v/aste  of 
any  v/ater  betv/een  tiie  Red  Hill  and  Upland  at  any  time? 

A    Well,  yes;     it  h^as  been  about  on  the  San  Bernardino  road, 
w  hat  we  call  the  San  Bernardino  road;   I  don't  think  I  have 
noticed  any  v/ater  rurining  there   in  the  last  year  but  tv/o 
years  ago  there  v/as  quite  a  stream  ran  out  there  pretty  near 
all  winter. 

Q    V/hat  did  that  run  out  of? 

A     Out   of  a  sand  box  about  200  yards  above  the  San  Bernar- 
dino road. 

Q    How  far  west  of  the  mouth  of  the  Eady  tunnel  is  that? 

A     I  should  judge  that  is  about  half  a  mile. 

Q    Dffi  ycu  knov/  v;hat   pipe  line   it  canie   out  of? 

A    Yes,   sir. 

Q    Wliat  pipe  line  was  it? 

A     It  came  out  of  tlmt  pipe  line  t-at  runs   over  to  tlie 
Eady  tunnel. 

Q    Tliat  runs  from  the  Eady  turuiel  southwesterly? 


D-lH 


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.^66 

A     It  ran  easterly  i'rom  the  sand  box. 
Q      I  ani  talking  about  the  Eady  tunnel;  did  it  inin 
westerly  from  the  Eady  tunnel? 

A    Yes,  sir;   it  ran  westerly. 

Q     Taat  was  the  pipe  line  the  v;ater  v;as  wasti2.g  out  of? 

A    Yes,   sir. 

Q    You  say   it  wasted  out  of  a  sand  box? 

A    Yes,   sir. 

Q  ^JWiere  did  it  run  from  the  sand  box? 

A  Pretty  near  due  south  and  until  it  hit  the  road  and  it 
divided;  the  stream  v/e"it  each  way;  one  went  to  the  big  uain 
wash  and  the  little  stream  went  back  into  a  little  wash  there. 

Q  Aid  thence  the  v/ater  v:ould  extend  dovm  the  waah,  when 
it  stru.ck  the  7/ash,  southerly? 

A  Yes,  sir. 

Q     About  what  quantity  of  water  didyou   see  thus  wasting? 

A     I  should  judge- —  of  course  when  I  would  go  along  with 
a  load  of  lemons,   off  and  on--  I  should  judge  75  or  100  inches. 

Q    Did  you  remonstrate  or  talk  with  anybody  about  iti,  tliat 
had  ciB-rge  of  it? 

A     Mo,   sir. 

Q  I  will  ask  you  if  the  time  viien  you  saw  this  .ater  v/asting, 
if  the  water  of  Cucamonga  Springs  stream  v/as   deficient 
or  if  it  was  up  to  the  normal? 

A  Well,  tliat  would  be  in  the  winter  time — 

Q  Was  it  deficient  or  was  it  up  to  its  noi-mal  flow?  Has 
tlie  Gucaiuonga  stream  been  up  to  its  normal  flow  in  t'lo  last 
2  years? 

A  Oh,  no. 


Vb? 


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0    Well,   ths.t  is  what  I  arn  asking  you. 

-0- 

W.  J.  KIMCAID. 
W.  J.  KINOAID,  a  \7itness  previously  s'.7om,  being 
recalli;d,  testified  as  follows  :- 

Direct  Examination. 

Er,   Britt:  Q  I  think  you  have  already  testified  tliat  you 
were  acquainted  with  the  ciene^^as  and  moist  lands  up  above 
the  Mountain  Viev;  Hotel  and  below  the  Base  Line  and  about 
the  Cucamonga  Springs  and  around  the  Cucamonga  stream:  You  are 
acquainted  with  t.'iat  land? 

A  Yes,  sir. 

Q     Aboi±   how  much  moist  land  v/as  there  ebfore  the  drying  up 
of  the  same     6  or  7  years  ago,   suitable  for  grazirjg  purposes, 
pasturage,  but  too  wet  for  cultivation? 

A    I  should  think  on  the  east   side  of  the  Red  Hill — 

Q    Yes,   that  is  wr^at  I  am  talking  about,   and  within  section 
4. 

A     I  should  judge     there  v/ould  be  about  150  acres. 

Q    Has  that  land  dried  out  so  tiiat  it  was  no  longer  moist  to 
your  kno\Yledge? 

A    Yes ,  sir. 

I'Ir.  G-regr;:  Objected  to  as  leading. 

Mr.  Brit"o:  Tlie  objection  isvrell  taken. 

Q  Do  you  know  about  the  present  condition  of  t^-'at  land  as 
compared  to  what  it  was  previous  to  1900? 

A  All  of  the  land  on  the  east  side  of  the  Red  Hill  is  now 
being  cultivated  to  grain. 

Q  State  v;^  ether  it  is  as  good  for  pasturage,  grov/th  of 


68 


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768 

grass,  pasturage  plants,    as   it  v;  as  previous  to  1900? 

il'lr.  Gro  {<,:  Objected  to  as   leadiri^. 

The  Court.  Tlie   objection  is   overruled. 

A    That  piece   of  land  previous  to  I  should  say  1686  was 
considered  one  of  the  best  (^razing  pieces  of  land  in  the 
valley;   in  fact  it  produced  a  great  deal  of  ^rass  around  the 
Cucamonga  Springs  and  I  would  think  tiiat  tiiose  cienegas  at 
tliat  time  v/ould  support  during  the  dry  suixier  months  300 
head  of  stock. 

Q     G-rass  grew? 

A    Yes,  sir;   regular  cienega  grass. 

Q     I  think  you  said  thatms  prior  to  li386? 

A    Yes,   sir;   it  was  all  practically  pasture  land,  up  to  tliat 
time . 

Q    Yriiat  about  18^-9  and.  1900? 

A    Well,   in  1900  it  began  to  dry  up;  pretty  \7ell  dried  up 
in  1900.     From  1900  tlirou^gh  to  1902  it  was  practically 
absolutely  dr'ed  up.  Well,   I  miglit  qualify  tint  by   saying 
there  was  a  few  inches  of  v/ater;   it  didn't  amount  to  mncii, 

Q     Did  that  land  include  tiie   si'/amps  themselves  from  which 
the  water  ran? 

A    Yes,  sir;   that  included  the  150  acres;  tiiat  v/ould  in- 
clude all  of  the   sv/amp  Lmd,  yes,  sir;   it  would  include  all  of 
it;     then  '.ho re  was  mcist  land  around  the  swamps  I  fehould 
think  50  or  60  acres  more  la^/'ing  betvYecjn  tlie  Y  tiuuiel   and 
the  main  springs  on  trie  east.  There  v/as  a  body  of  land 
laying  in  there   —  the  land  tir.  t  the  Chinese  garuen. 

Tlie  Court:  Q     How  did  the   value  of  tiiat  land  comparti  '..'itli 
the  land  in  its  previously  existing  condition,  the  pasturage? 


69 


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im. 

Hov/  did  it  corapare  with  tlie   conditions  since  maintained  mi&a. 
it  has  been  fanned? 

A     Do  I  understand  by  your  question  do  you  mean  v/  ether 
t.  -it  land  vas  worth  more  for  pasturage? 

Q    Irresjje  ctive .  of   ..--at  it  v/as  used  for,   the  question  is 
whether  those  producing  crops  v/ere  of  greater  or  less  value 
under  previous  conditions  tnan    unde  -the  conditions  which  nov/ 
exist? 

A    We].l,   it  v;as  not  producing  anythiiig  but  <^raBS  until  it 
dried  up. 

Q     Well,   tiiat  ':  ad  a  value,  had  it  not? 

A    Yes,  sir;   it  had  a  pasturaoe  value  and  in  those  days  it 
was  considered  very  valuable.  In  fact  V7e  had  to     have  it. 

Q    Was  it  more  valuable  for  pasturage  tlian  it  is  now? 

A     I  should  S3,y  yes,    md  I  v/ould  qualify  lt/  ansv/er  by 
saying  that  in  those  days   it  v/as  used  as  pasturage  and  tiiere 
was  probably  2*   or  300  head  of  cattle  and  during  the  suiiiier 
months     you  see  all  those  cattle  practically  lived  on  those 
springs. 

Q     If  it  were  still  in  the  same  condition  you  could  use  it 
still? 

A    We  haven't  anythiiog  of  the  kind  now  there, 

Q    Beof  is  worth  more  now  t..an  it  was  then,   isn't  it? 

A    Yes,  air. 

Q     Are  you  able  to  make  any  comparison  of  the     land  under 
the  previous  condition  and  its  present  condition? 

Mr,  Britt:   I  suppose  tJxct  means  whether  the  land  v/as  more 
valuable  to  pasture  cattle  on  or  to  grow  gi^ain? 

Tlie  Court.  I  suppose  that  is  another  v/ay  to  state  it. 


770 


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A  I  should  say  yes,  sir;  very  much  more  so. 

The  Court:  Q  \\hich  is  it? 

A  For  grazing  cattle  f or pasturage , 

Q  More  valuable  tbjn  undor  the  present  conditions? 

A  Oh,  yes;  ysc,  indeed. 

Cross  Examination. 

Mr.  Joliffe:   Q       Do  you  say  t.at  in  the  year  1886  tliat  t^.ere 
■■ms  about  150  acres  of  this  grazing  land  and  some  other 
moist  lands  around  near  -i^ere? 

A     Yes,   sir. 

Q  NoY7  hov/  ■.Yas  tiat  about  ten  years  after  that,  say  abcit 
1896?  Was  there  tiiat  amount  of  land  there  at  t-.at  time  in 
the  same  condition? 

A    No;   I  don't  think  there   vias  quite  so  irj.ch. 

Q     Not  quite  so  fauch.  It  liad  commenced  to  dry  out  by  triat 
time,  had  it? 

A     Yes,    sir.   I  should  sa3'"  yes,   sir,   and  qualify  ay  ansv/er 
by  saying  t.iat  the  cuts,   the  deep  cuts,  and  the  tunnels  tliat 
they  Iiad  made  liad  a  tendency  to  dry  up  the  upper  parts  of  the 


cienogas. 


Q    Those  cuts  and  tunnels  are  still  there,  are  they  not? 

A    Yes,    sir. 

Tlie  Court:   Q     Do  you  mean  the  Y  tunnel? 

A     The  Y    tuiLiel. 

Mr.  Joliffe:   Q    Do  you  kno\7  abut   the  amount  of  -./ater  tiiat 
vas  taken  out  of  tliose  cienegas  by  rae  ans  of  cuts  and  tun.  els 
in  the  years   '86  to   '96? 

A     I  thiiik  on  the  Y  tunnel  it  would  probably  average  from 
'66  to   '96  I  should  say  150  inches.  


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Q    And  about  hov/  much  more  did  those  cuts  fjroduce  tliat  you 
have  spoken  of? 

A    Well,   tiiat  included  txie  cuts   at  the  Y  tunnel. 

Q    And  du  ing  the   time  t.at  the    .ater   ■.'as  running  from  tliese 
cuts  and  tuniiels  hov;  was  the  v/ater  flowing  from  the  springs 
at  tl'iat  tine? 

A    Do  70U  mean  particularly  at  the  Y  tunnel  or  tne  springs? 

]Q     I  mefm  the  Cucanongu  Springs  tliat  rose  in  the  creek 
about  the  roots  of  an  oak  tree  somev/.  ere.  I  believe  jou.  testi- 
fied about  it  a  few  days  a  go. 

A  Y/ell,  the  water  on  the  east  side  of  the  Red  Hill  aad 
the  spring,  they  were  practically  the  same  up  to  1898,  I 
should  judge. 

Q     Tiien  tliere  v/as  flowing  from  tliose  springs  in  addition 
to  W-at  v/as  flovdng  from  tiie  Y  tunnel  from  150  to  200 
inches  usually  and  sometimes  more  t'.an  200? 

A    Yes,   sir;  I  should  say  so. 

— 0-- 
W.  T.  LEEKE. 
W.  T.  LEEKE,   a  vd':ness  previously  sv7orn,  being  recalled 
by  plaintiffs,  testified  as  follows: 

Direct  Kiamination. 
I'Ir.  V/aters:   Q    Mr.  Leeke,  were  you  informed  in  Nov-jmber  of 
1905  tliat  water  v/as  running  to  v/aste  from  the  pipe  lines  of 
your  company  which  took  v/ater  from  the  Ead;,-  tuniiel,   tliat 
water  v/as  running  to  v/aste  down  on  tne  plains? 

A    It  is  c[uite  possible;   I  do  not  recall  at  this   time  such 
notification. 
Q     Didn't  your  attorneys  Mestirs.  Otis,  Gregg  &  Surr  inform 


72 


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a.iis 

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—  ft. 

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17 
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V72 

you  tliati  had  written  for  t'^e  Old  Settlors  Water  Company  a 
letter  to  tiiem  asking  tiiem  to  call  youi'  attention  to  ti:ie 
mattor  and  have  it  co  re c ted? 

A     It  is  quite  possible. 

Q     Have  you  no  re...eniDrance  of  i'o  at  all? 

A    I  reueniber  something  of  the  kind,   but  I  can't  jjivs  the 
dates. 

Q    I  am  not  asking  you  for  the  dates.  Do  you  rei-iember  the 

occurrence  t^iat  you     did  receive  notice  of  such  complaint  in 
November,   1905,   or  obout  that  time? 

A    I  have  some  recollection  of  such  notice,  but  I  can't 
place  the  date. 

Do  you  have  a  recollection  of  the  fact  t'lat  watenvas 
so  running  to  waste  and  that  ',rour  attention  was  called  to  it? 

A     In  the  v/inter  season,  yes,  sir;   I  kno .   that  the  water 
was  rmming  to  waste. 

0,      In  November  1905  or  in  Uie  fall  of  1905? 

A    Well,    I   can't  stite  at  v/iiat  time   it  was  running  to  waste. 
I  don't  rexiiember  the  conditions   of   our  irrigating  system  at 
that  date;  but  I  know  when  the  rains  liad  saturated  the  earth 
and  there  was     plenty   of     ater  every^iiiere  without  irrigation, 
that  v/ater  from  tliat  tunnel  di(.:.  run  to  waste;   there  is  no   ques- 
tion about  that. 

Q    Do  you  mean  to  say  to  us  here   that     rom  your  knowledge 
of  tlie  subject  that  you  tiiouglit   uiat  was  sufficient  excuse, 
that  the  rains  liad  come  and  'net  the  surface,  and  that  con- 
sequently 3^0 u  could  waste  the   streams? 

A    I  desire  to  say   uiat  we  regret  it  tnat  water  sh. uld  run  to 
waste  from  tlie  Cucamonga  tuunel  and  tiiat  we  liad  conferences 


73 


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n  <  jj, 

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773 

with  the  Cucamori^  Water  Comijajiy  over  a  p  eriod  of  several 
years  back,   expressing  to  t  eu  the  desire  tat  t;jey  should 
co-operate  with  us  in  closing  t  at  tunnel   and  we  kept  up  such 
negotiations  until  this  last  winter;   and  then  after  a  very 
urgent  request  on  our  part  they  consented  that  we  should  ^o 
on  and  bulkhead  that  tunnel. 

Q    No;7,   Ltr.  Leeke,   isn't  it  a  fact  tiiat  notv/ithstanding 
the  complaint  v/as  niade  to  you  late     in  1905  tiiat  you  were 
running  tnis     water  to  waste  ,  and  notwithstanding  you  didnot 
do  anytliing  about  it  that  winter  or  season  at  all,  but 
continued  to  run  it  to  v/aste,   isn't  i:.  a  fact  t-":at  you  didi't 
do  anj.rbhing  at  all  until  the  district  attorney  of  this  county 
threatened  you  with  prosecution  if  you  didn't  quit  it  and 
wasn't  it  then  for  the  (ffirst  time  t.  at  you  d  id  do  anything 
toward  stopping  it? 

A     I  can't  a{^ree    /ith  your    ^question. 
Q    Just  ansv/er  the  question.   I  don't  care   viiether  you 
agree  with  it  or  not. 

A    Your  question  involves  several  points  and  I  do  not 
care  to  sslJ  yes  or  no  to  a  question  tliat  involves  several 
points  and  a  yes   or  no  night  not  be  correct. 

Q    You  may  ansv/er  my  question,   if  you  please.  Have  you 
finished?  If  so,   I  vzill  ask  another. 

A     I  desire  to  aii;  v;ar  tliat  question. 

Q     Do  so. 

A    We  began  negotiating  mth  the  CucaLionga  people  for  the 
closing  of  that  tunnel  several  years  ago.   I  remember  well 
that  we  did  receive  a  coLimunication  from  the  district  attor- 
ney.  I  answered  t}iat  comi:iunication  someting  in  this  wise: 


?'74 


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10 

11 

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77- 

Q     T  at  was   in  writing? 
A    Yes,   sir. 

Q     I  will  shov;  it  to  you  and  ask  you  if  tliis   is  your     sig- 
nature? 
A    Yes,  sir;   t  at  is  ray  signature. 
Mr,  Waters:  We  offer  it  in  evidence.. 

Letter  marked  Plaiiitiffs'  Exliibit  10  and  reau  in  eviaenceij 

Q    Wlien  did  you  begin  that  bulkhead? 

A     Shortly  afte  r  the  close  of  the  irrigating  season —  early 
winter —  I  don't  remember  the  date. 

Q     You  'lad  begun  it  before  the  district  attorney  wrote  tiiat 
letter? 

A    Most  certainly;   it  was  partly  completed. 

Q     Did  your  abtoraeys  Messrs.  Otis  (xtg:'^  Surr  send  you 
the  lett  er  which  I  \^rote  to   them  in  1905,  November  29th, 
1905? 

A     I  presuiiie  so.  My  recollection  is  a  little  faint  on  the  sub- 
ject. 

Q    Will  you  please  produce  t?iat  le'  ter  if  you  liave  it? 
A     Certainly,   I  vrill  be  glad  to  do  so. 

Q    At  the  next  sitting  of  tne  Court  please  produce  it.  Look 
for  it  and  if  you  can't  find  it  possibly  we  may  uave  a  copy. 
I  think  there  is  no  question  but    /liat  we  mve  it  in  our    files 
if  such  a  letter     was  written. 

Q    When  did  you  first  begin  bulkiieading  tiiat  tunnel? 

A    I  can't  give  you  tiie  date,  but  I  can  bring  you  the  date 
from  our   records. 

Q    Wasn't  it  last  fall? 


<?'^.0or 


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_j : 1^1 

A    Yes,   sir;    or  early  v/intir. 

Q     In  the  fall  of  1906? 

A    Yes,   sir. 

Q     Didn't    u  at  water  run  all  during  the  year  1906,   for 
tiiat  year  1906? 

A    Most  certainly,   it  ran  t^^rou^.;!:!  the  pi^jes ;     es,   sir. 

Q     And  during  t  at  time  did  you  knov/  ti^at  the  Cucamonga 
Springs  stream  7/as  helov/  nonml  and  f  lovdng  a  very  few  inclies 
of  water? 

A    Yes,   sir. 

Q    And  you  Imev/  thit  tlie  water  level  was  continuaitly  lov/er- 
ing,  did  you  not,   in  the  sources  of     water  supply  in  that  part 
of  the  country? 

A    During  ■:'  at  period? 

Q    The  year  190;;. 

H    No,   sir;   I  didn't  know  the  "zaterplane     was  lo veering 
continually  during  1906. 

Q    You  didn't  know  that? 

A    No,   sir. 

Q  Didn't  you  know  it  had  been  lowered  for  several  years 
prior  to  1905? 

A    Yes,   sir. 

Q    And  notwithstanding  that  fact  you  ran  the  water  out  of 
this  tunnel  for  how  rnariy  v/inters  when  you  were  not  using  it 
for  any  beneficial  purpose? 

Mr.  Cliapi;an:  We  object  to  fca  question  as  irrelevant  and 
immaterial.  I  don't  sec  >v>at  relevaiicy  the  question  could 
have.    • 

Tlie  Court:  Overruled. 


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4 

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A  During  s  aasons  of  rainfall  and  at  the  conclusion  of  irri- 
^tion  generally  a  portion  of  that  vsater  went  to  waste.  A 
portion  of  it,  if  I  r©  odjer  correctlyl  has  been  used  for 
the  domestic  supply  of  the  towns  of  Upland  and  Ontario, 

Mr.  Haskell:  Q  Was  any  water  from  the  Eady  tunnel  run  to 
Upland? 

A  It  -^uns  tiirough  Upland. 

Mr.  ''Vaters:  Q  Have  you  got  those  contracts  that  I  called  for 
the  other  day? 

A  Yes,  sir;  this  is  a  general  contract  tlat  I  referred  to 
the  other  day. 

Q  Tnis  contract  has  ne  sr  been  rcorded  has  it? 

A  The  contract  has  been  recrded  in  Los  Angeles  Couiity.; 
I  presume  in  this  county;  I  am  not  sure;  I  am  quite  sure  it 
v^as  recorded  in  Los  Angeles  county,  Tliere  ere  several  copies 
and  I  presume  the  recorded  copy  is  not  this  one. 

Q  Wliat  other  one  did  you  bring,  Ifr.  Leeke? 

A  I  ave  tlie  trust  deed  mentioned  in  t  at  contract  and 
pertaining  to  it. 

Q  You  will  bring  tliose  :ith  you  at  the  next  session  of  the 
court . 

Mr.  Britt:  And  also  this  map,  this  large  map  liiat  is  upon 
the  board. 

Here  the  Court  takes  a  recess  until  Wednesday  ,  June  the 
12th,  1907,  at  ten  o'clock  A.  M. 


IN    TH  E 


Superior*  Court 


OF   THE 


County  of  San  Bernardino 


State  of  California 


Cucamon^ .  Vineyard  Go. ,. ,. . 


Plaintiff. 


Vol.   IX, 


San  Ant  on  i  0  Water  .  Co .. ., . 


Defendant- 


INDEX. 


Fox,   J.  B. 

ti        II        n 

Leeke,  V/.  T. 
Johnson,  CM. 
Wright,  E.  T. 


829  852 

866  870 

879  893 

897  907  912  917  925  92d 

829. 


I.  BENJAMIN,  Official  Reporter 


129 


1 

Friday,  Jenutj^  17,  1906.                                       Minth  Tay. 

2 

J.  B.  FOT. 

3 

J.  B,  FOX,  herctoforo   sworn  and  cxacnined  ,  being  ro* 

4 

called  by  plaintiff,  testified  as  follows • 

5 

Dire o t  Kx wr inat  ion , 

b 

Mr.  WaterB:  Q.  fhfere  do  you  live?  A. 

1 

K,  Cucai.onfija, 

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Q.  How  long  hay©  you  lived  there? 

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A.  Four  years  a*.d  a  haif . 

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0,  Were  you  farriiliar  v;ith  t   at  section  of  the   country 

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bcfo  0  you  wont  there   to  reaido? 

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A.  No,  sir. 

r-        13 

0.  Have  you  liwd  tncn..  continuously  9inc;e  four  years  and 

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_    X    E     ^     , 

a  half  ago? 

^  ui  w 

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CO   <  ui 

—    n 

A,  Yof,,   sir. 

_:  O  S 

ri6 

0,  What  ic  your  oooUjation  there? 

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A,  Oranfre  j^ruvvor. 

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0    fhore  is  your  place   situated? 

]9 

A.  Ri  ht  in  the  town  of  Cuc-iirionp;?!.,  you  mi/'Jit,  si.y,  on  the 

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north  side  of  San  Pernarriino  Avenue. 

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Q.  Oan  you  give  the  number  of  the  lot  or  subdivision  which 

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your  j^lice  comprises? 

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.".   I  an  in  eection  5.  I  oan*t  ^ive  just  the  le^-al  sub- 

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division  off  hand. 

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Q.  And  the  place  h-  knovn  as  w  at? 

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A.  Known  as  the  old  Southworth  place.  Ho  owned   it  for 

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fiftticn  years  before  I  aid. 

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0.  How  !  any  acrfis'? 

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A,  Twenty. 

.0 


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0 

To  viat  is  that  tjvBnty  acres  set? 

2 

A. 

All  to  orunr»  troes. 

0. 

About  how  old  aro  the   tre-js'' 

4 

A. 

Thcw  ran/^e  from  six  to  eif?^teon  years. 

5 

Q. 

Aid  what  is  the  area  of  t;  <    plaie? 

b 

A. 

Twenty  acres. 

7 

Q. 

la  it  ail    a;t  to  trees'' 

8 

A. 

Yea,   8  r;    solid  to  oran   os. 

') 

Q, 

And  ooGB  it  require   irrigation? 

10 

A.. 

Yea,    sir. 

11 

0. 

Has  it  been  irrigated? 

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A. 

Yes,  air. 

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0. 

Pro:;    z;  ri    source? 

14 

A. 

From  thio  ruicafion/ga  Sprngs  and  a  well  that  the  Old  Sot- 

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tl'.' 

rs*  Water  ^orap-any  owns. 

16 

0 

When  did  you  first  boaor.-«  famili&r  with  the  Oucarfon^ 

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Springs? 

18 

A 

In  the  Sj-ring  of  1904, 

19 

Q. 

Hiive  you  iuring  the  time  you  hare   so  livoa  th'  re—  Have 

20 

you 

at  all  }«id  anything  to  do  with  the  r.aJ^«g•raent  of  the 

21 

affairs  of  anv   aasociation  of  val.or  owners  there,  or  clairawits 

22 

Of    1 

nater? 

23 

A. 

I  hfore  h?«i  thv.  i!ianaf^oii;ent  of  the  Old   Settlors*  Water 

24 

Oompany*t  affairs  sin oe  the  spring  of  1904,  up  to  ihe  first 

25 

of  this  year. 

26 

Q. 

In      !Mt  capacity? 

27 

A. 

As  provident  and  rr.pj-ni^.ro*  *be  company,   ann   one  o"f*     he 

28 

directors. 

29 

Q. 

Have  you  had  occasion  to,  or  have  you  ever  made  maaiure- 

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ments  of  the  water  ie suing  from  the  springs  or  ^hc   source 
called  the  Cucaraonga  S]  rings? 

A.  Yes,  sir. 

0.    And  have  you  kept  any  record  of  any  observations  or 
measur-e;  ents  there? 

A.    I  haven't  kept  ar^  memoranda  Bince  about  December  23, 
1906. 

Q.  Did  you  keep  memora^^a  covering  any  dates  ^r    times? 

A.  Yes,   sir. 

0.  Covering  what  times? 

A.   Sin;e  De.'  mber,   1906. 

Q.    Since   then  or  before  then? 

A.   Sine    then. 

Q.  Did  you  make  ar^  measureineiits  or  gaugings  of  the  water 
before  that  at  all? 

A.   I  did.   I  measured  tho  spring  water. 

0.    Aid  you  say  you  kept  no  memoranda  of   it? 

A.   I  didn't  make   any  memorandum  of   it. 

0.  When  was  the  first  time  you  ever  observed  that  straam? 

A.   It  was  in  1903,   I    saw  it  first.   I  just  went  and  looked 
at  it. 

0.  Do  you  know  anvthing  about  estimating  quantities  of  water 
flowing? 

A.   I  have  some  idea  and  have  had  for  some  years.   I  had  it 
in  Ventura  county, 

Q.   Have  you  had  any  experience  in  handling  streams  of   irri- 
gating v/aters  or  water  for  any  other  purposes? 

A.  Not  till  I  came  to  Cucainonga,  to   speak  of. 

0.   Have  you  since  then? 


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A,   I  knew  wrat  an  inch  of  water  way  ail  rirht,  and  the  ajnount 
of  it,  and  th     siae  of  tho  etreoni, 

0.  When  you  saw  that  aiream  in  1905  #iat  m^  f  loving  in  it 
about? 

A,   In  1903  there  wae  about  from  12  to  lb  inchei  in  the 
airing,  aric   it  ^^radually  w<jnt  ciown  throuf^  the   aui-er  time. 

0.  liftiat  did  it  fro  down  to? 

A,  To  about  from  4  to  6  incliefl, 

C.   Wn&t  tiiic  of   iho  year   «.o  tbat? 

A,   It  nae  July  and  An, list;  about  Au;iust,, 

0,  Of  w  at  year? 

A.   190i. 

G«  Gk)  ndht  along  and  describe  it,  Fron  t^  et  tine  on  what 
you  observed  of  it,--  in  ycur  Orn  -^^ay* 

A.    I  observed  it   in  190-^  a  nurnhtr  of   tit  r.s,  bocauao  V-&t 
spring  water  runs  rir  t  past  my  hous-e  and  rune  ri.'^t  to   the 
corner  of  toy  place,  and  I  have  opj^ortmitiea  to    ao     it  every 
weok  or  so  during  19G'i,  as  to  the  ainount,     and  t)ion  in  1904 
H  I  took   diarge  of  this     ^jter   and  went  uy   to  tho  8f rings  and 
ran  a  drain  ditch  and  Ixiilt  a  bulkhead  and  dam  ^rd  turnod 
tho  water  into   the  ditchea  t  at  I  dug.  There  wa?  about  16 
indies  of     ater  in  t}ie  %ring.  About  16  inches  of     -ter  run- 
]^ing  in  tho  crock,   I   should  jun,«B,  I  dug  this  drain  ditch 
and  developed  probably  about  6  inchea.  But     hat  su  /.Tor 
a  ^T^at  deal  of  wator  was  purap^ea  from  Lhe  w«dla  above  our 
Bprin^7i3. 

0,  What  wsilla? 

A,    HI  the   .veils  in  t.hr  country  wore  pumping  very  heavily. 
That  ia  tht:  year  they  piimj)ori  so  heavy.   Along  in  the  aur.T!rer 


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time,   in  July,  the  crerk  stopped  running  entirely,   Aftar 
the  laet  half  of  July  and  all  of   Au^iat  the  water  di':n»t  -^t 
down  to  this  ditch  t'at  I  dug,  where  the   witer  had  alw&ya 
hen  taken  out,  and  didn't  ft)t  within  five  txxt  af  it  h\mdred 
fc<it  of   it;  but  th^ire   still  ran  in  the  pipe  line  about 
four  inches  in  tho  driest  time,   arid   tliat  is  the  T.-ater  that 
I  devcloi>ed.  It  started  about  290  fe't  a/sd  the  ditch  was 
12  feet  deep  whert;  I  rfin  up  alongside  of  the  oreok  bed. 

0.   And  thrre  csj'e  into  this  ditch  about  four  inches  of  water? 

*•  Yes,  nir;   that  v?a8  the  ar.ount  in  the  driest  tine  of  the 
ye  fir. 

0*  Go  ri;  ht  along  and  descriVc  the  condition. 

K,   It  has  inoroaaed  grad  ally  in  the  fall,  and   in  th*^  win* 
ter  it  incroa8(?d  a  little;  but  the  next  8} ring  there  was  no 
more  water  in  the  8. ring  of  1^05  t'i»i  in  'ho  siring  of  1904, 
althou,f^h  we  had  heavy  rains.  Thor^    wa     poopibly  a  little 
more,  bit  not  rauoh  mor-.    By  the  tine  nf*  co*^'  enocd  to  irrigate 
thort'     as  only  about  half   the  arrjount  of  water  v«e  had  the 
teason  before, 

0,   About  four  inches  you  Ray? 

A,  No;   fron  16  to  16  inches, 

0.   And  in  tne  irrip.ating  season  of  Uiat  year  what  did   it 
go  to? 

»,  That  ran  (jov»n  in  the  su  rrier  to  6  or  ci  inrOi*  s. 

0,   And  continued  up  to  w'-'at  time? 

A.  Up  till  the  rains  car«e  the  next  winter, 

\  Then  what  die'   it  t'o  to? 

K  "^ell,  it  didn't  increase  much  the  next  year, 

'^,  You  will  have  to  .«rive  these  years  to  us.  What  was  the 


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next  year? 

Ur»  Chajt-:  an:  You  hsae  r&ached  1906, 

4*  I  would ataoo  that  in  190b,   in  th«j  fall  of  1905,  when  the 
Vlittr  d  dri»t  incroar^o  aft^ur  a  wet  year,   I  lic,.;an  to  look 
around  to  owe  why  tho  v.at«:r  hadn't  raiBed  in  our  aj-r intra,  aa 
it  did  in  other  Bi.ringa  urd   streams, 

Q,  Wit/out  [giving  your  opinion  about  it,   just  state  the 
coincide;  ce 8  which  you  obaerved, 

A,   I  observed  that  aft-r  the  first  wet  year  the  water  didn't 
cone  back  in  the  sprin^^  aa  wo  all  aocijected  it  •.ould,  and   I 
bo,;B.n  to  look  to  see  why, 

C,  What  did  you  find  to  be  the   coincidencfis'' 

A.  In  looking  around  I  found  t  at  in  tht)  nctar  neiphborh;.od 
thiit  t-ere  was  a  big  volume  of     ater.  I  hfid  aeon  that  the 
yetir  before  nnning  to   mote, 

Q.  Whore? 

A,  To  the  wo  at  of   the  red  hills,  r  nning  across  San  Ber- 
nardino Avenue,  ata()ut  half  a  mile  west  of  t.he  red  hill.  I 
'didn't  kno»v  at  that  tiiio  v  ore   it  Cj^xj   .rom.  But  in  1905, 
in  Novonber,   I  followed  this  ihatar  \x^  to   oeo  wiiore   it  cauo 
from  and  found  it  catio  from  those  wcils  and  tu'vels  on  the 
west  aide  of  tha  red  hlllS}  and  when  I  found  about  100  inches 
of     at*jr  running  to  v?aate ,   I  iiiiiediately  caino  down  and  noti- 
fied Mr,  Wators  that  a  big  body  o^  vator  waa  running  to 
wast©  and  had  be«  n  in  previous  years,  und  T  asked  ''r,  Wators 
to  write  to  tho  Ran   Antonio  '  ntvr  Honpany,  which  he   did,  and 
I  have  a  oojy  of  tht)  letUir, 

*"!.  Go- ri^t  on  and  state  v/^iat  you  oboervcd  down  to   'hn 
present  timo. 


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A,  After  all  that,     after  writirv;  fnat  letter,  the  Sfin 
Antonio  people  Btarteci    in  to  p-ink  a  a^iaft  in  this  tun  el 
but  there  was  nothing  done  that  year,  T  :  y  finally  P*ave  up 
tl-iat  shaft  and  star-ed  a  now  one;  but  there   was  nothing  done 
towards  chocking  the  flow  of  the  water, 

0.  You  Btite  t>mt  that  mter  was  running  to  waste,  Juot 
state  the  facts, 

^,   It  ran  to  msto  in  1904  and   'B, 

Q.  WhfTc  did   it  run  to  veiiate? 

\,   In  the  rocko  and   sa^t^  brush  south  o^  San  Bernardino 
Avonue  • 

0,   At  w'  at  point? 

^.  To  the  west  of  the  rod  hill  about  half  a  mile, 

''\-   fcid  between  iHiwre  and  w  at  other  place,  running  north 
a?d   so  nth? 

^   It  rr  '^  aoutli  from  v*'  at  is  kno  n  aa  the  Stowt^ll  aandbox 
about  half  a  nil©  west  of  thr  red  hill, 

0,  Thence  whom  ^  id  it  run  to? 

A.  South  of  then!  throi.eh  the  rode  a'-d  gravel  and  thence 
into  tho    stony  flat  south  of  Sm  P.err.ardino  Avonuo. 

0,  Proceed  and  state  ^vhat  ycu  observed, 

A.   Whsn  the  mtor  was  turned  loose  running  to  waste  in 
1906  I  ca!TB  doTn  a  viin  to  S';'.  about  it,  and  I  mot  *ho  District 
Attorney  and  ho  wrote  to  those  parties, 

0,  Vrite  to  rr'-fit  parti'  B** 

•t.  To  the  San  Antonio  Water  Company,   to  see  if  we  couldn't 
stop  ti'io  waste  of  the  witer, 

Q,  What  hap T« nod  next? 

A.  Tho  parti  s  then  made  ^ji  effort  and  put  in  a  bulkhe  r.d 


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and  cIoBed  Aown  the  bulkhead. 

Q,  Whore  f*id  the;y  put  in  tho  bulkhead? 

A.  Trujy  put  in  the  bulkheuu  in  the  Eody  iAinaal  on  Uiu  wtst 
eicie  of  tho  red  hills, 

C,  T'-fi  bulkheajrl  which  has  boon  deecrib  d  heretofore  in  the 
evidonoe?  Sornobody  deacribed  it  in  the  eyidence, 

A,  I  think  it  waa  Sj-oken  of  in  tho  other  seaaion, 

Tho  r«ou  t:  0.  You  say  the  portico  did   it;  Hhora  do  you  mean? 

A.  Tho  Ran  Antonio  Water  rwn).anyj  the  '\icanionp^a  Water 
Ooapariy  laay  Iw   intoreeted  with     thoi.i,  but  I  don*t  know. 
Any  way,  the  fUin  Antonio  Wnter  Ho/iipany  have  ohar^Tie  of  this 
work, 

Q,  You  riiean  tii©  San  Antonio  Water  Goir-pariy  die   this  vork? 

/*.  Yea,   sir;   that  ia  what  I  haro  betn  told. 

Mr,  Water  a*  0,  Wr.&t  did  you  obaerve  af  «r  thia  bulkhead 
waa  put  in? 

A,  The  bulkhead  w&8  put  in     in  January,  19%,  anti  in 
Tte  onber  before  tnat  I  wunt  with  "r,  Oousiina  and  we  measured 
all  thoa     wella  and  aj.rirv^a  a- d  tiade  a  record, 

0,  It  is  in  tho  toetiiaony' 

A,  Yea,  air, 

Qm  How  do  you  state  tho  fact  to  be? 

A.  I  ma  with  ;r,  noua<na  when    he  made  all  those  mtasora* 
menta  and  aurvwya  and   ao  forth,  and  all  hi  a  tcatimony  givon 
ihoro,   I  believr. ,  af^er  t'at  rela*oing  betiroon  Dcctifnler  23 
of  laat  year  and  up  till   tho  praaent  tinio,  I  hare  beon  with 
Utm  Houaina, 

Mr.  Ohapraan:  Do  you  n»an  lant  year?  1907? 

A.  Dacemtxir,  1906,  and  all  of,  190?. 


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Q«  Go  on  and   state    .hat  you  have  obsorvod  ooincicl«nt  with 
tho  work  in  t  at  £ady  tunnol  in  the  vay  of  bulkheadin^r. 

A,  He  zneasun^d  the  ^cacfonKa  Spring  aj^d  a  niimber  of   those 
wells  on  Do  omler  23, 

0,  Of  wiat  year'? 

A*  1906. 

0*  Have  ycu  Bad  8  a  nvmoraniiun  of  thiat? 

Km  I  have, 

0«  Produce  it, 

ft,  De.n  bor  23,  1906,  we  first  measured  the  water  at  the 
sandbox.   I  don't  know  tho  nuni;    r  of  t  at  weir,  but  it  is 
right  near  iho  brick  hote   ,  and  thorc;  was  an  i'  ch  and  three 
quar-ers  of  water  running  over  a  20- inch  weir. 

0,  You  mean  by  t>^t  to  say  t-  at  there  waa  water  to  the  dei-th 
of  an  inch  and  throe  quarters— 

A,   An  inch  and  three  q  artcrs  on  Deconber  23,  over  a  20- 
inch  weir,  making  about  15,60  inches, 
.  Who  was  present? 

A,   S.  0,  Cousins.   I  was  with  him. 

0.  S  ate  whfli   your  n«zt  is, 

^,  The  sazne  date,  Decemb'r  23,  va  ■Baaiired  a  well  on  the 
west  side  of   tho  rod  hill,  knovm  as  number  1. 

Q,   Sta^^  the  nsasureaaent, 

A,  The    ater  stood  at  74  feet  froB  the  top  of  th^curb, 

C,  Below? 

A,  Below  the  top  of  the  curb.  T)\<i  Biam  date  we  measured 
well  No,  5  of  the  Ssn  Antonio  string  Just  ^ore  Bate  Line,, 
and  tho  water  was  129  fet:!  below  the   top  of   ihc  C';rb. 

0,  Were  eit  ler  of   those  wells  being  ponpcd  at  Viat  timef 


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k.  No,   iir« 

0.  The  >;ater  wae  aland in^^  in  th.j  wolls? 

A,  Yob,  sir.  On  the  aane  date,  DeoorcVier  2^5,     we  meaaured 
the  Haokeil  well,  115-1/2  ^at  to  water  from  the  top  of  the 
ciirb . 

0,  Proouod  aa  rapidly  ats  you  can. 

A.  On  the  saTo  date  wo  mfiaeured  the  well  at  the  end  of  t.he 
Y  tun^^l. 

0,  ^ich  ond  o""  the  Y  tunnel? 

A.  The  west  end  of  the  Y  tun^icl, 

0,  What  did  you  find  there? 

•^.  65  f  ert  to  water  from  tJ-ic  top  of  Uw  ourb, 

0«  Was  tho  water  flowing  in  t'  at  tunnel  or  atanding? 

L  No,   a  irj   it  was  quite  a  waya  below  in  tb,  casing.  The 
Chinese  well  near  thore  on  Decaibefr  23  we  found  66-1/2  foot 
to  ;vater  frcm  tho  top  of  th«   curb. 

0.  Waa  it  Veing  purapec-   at  V^'ii  time? 

A.  No,   air;    it  haa  not  been  pump«:d  for  aavcrol  yejirt, 
Tho  eaiiB  date,  well  no,  14,  of  tho  Sim  Antonio  }cop]ffi,     or  the 
one  at  tho  hi  ad  of  the  ?.vjAy  tuniol,  wo  found  it  113  fevt  to 
water.  Ti'^t  in,  v/atcr  waa  floifing  out  of  tho  well  into  tho 
tunnel, 

0.  113  f e{.t  from  w}.at? 

A.  Frora  r.ho   S'  rf  aco  of   T.ho  rround;    at  tho   top  of  tho   curb. 

0,  Did  you  meaoure  the     quantity  of  water  flowing;? 

A.  No,  nir. 

Mr.  Haskell:  Thora  bare  been  tw«  orders  of  numhoring  of 
these  well 8:  Which  ordor  do  you  refer  to— 

Mr.  "^'aters;  He  is  doacribing  the  woila.  Hia  testimony  will 


-"^ 

2  c  (E 
O 

W  -.  s 

(Q  <  UJ 

-  a. 

-;  u  3 


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be  intBlligiblo. 

'  .  I  have  riracrirGd  t'da  one  fs.B  being  in  iho  henr*  of  the 
Eady  tunnel, 

ffr.  Britt:  C.  I»  t'  at  thewell  reforred  to  in  *hc  other 
©videnco  as  the  'Bip;  Well»? 

K  Toe,    airj    it  io  t  :at  big  wfll,  T  at  ie  all  tho  roeasurc- 
ments  I  marie  on  that  date,  per.cnber  25, 

Mr.  Waters:   ^»  Did  \ou  umko   aoino  more? 

K,  Yes,  air. 

0.  'Ihen? 

A.  On  January  50,  1907,  I  believe  thia  was.  Tl^e  next  day 
after  tho  bulkhead  was  shut  d  vn,  I  l^elicve-   it  wae  ohut  down 
January  29,  ?..t  nine  o'clock, 

0.  State  your  raeaaurementa,  and  wl^re, 

A,  At  this  date,  J  nuary  50th,  I  found  the  aj.rin^  vrator 
2-l/l!  irchea  on  a  20- inch  voir,  or  26.60  inchea, 

Q.  You  uietin  by  ai  ring  water   '.he  CuGaij»nr!;a  Springs  water? 

A,  That  io  t>iO  weir  by  the  brick  hotel.  On  January  30, 
well  no,  5  of  the  San  Antonio  string  above  Ba  e  Line,  127-1/2 
feet  to   -he water, 

0.  Troci  v  at? 

A.  From  the  top  of  tiir  curb.  And  tho  Haakkll  wll  on  the 
saiae  date,  112  feet  to  ^at  r. 

0.  Prom  w-at? 

A.  From  the;  top  of    the  curb,  And  the  we  at  end  of   tho  Y 
tunnel,  64  f-^nt  to  water  from  the  top  of  the  curb, 

0,  Y^H-r'    in  tVf.t  curb,   in  the  tunnel  or  at  the  top  of  ths 
surf.xco  or'  tho  rround? 

A,  There   is  a  shaft  at  the  head  of  tho  tuir«l. 


1 

2 
3 

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5 
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7 
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^J 
10 
11 

u 
.'    i: 

z  ■-  I-' 

_   a:  ir    -I    . 

i-  " 
z  •=  £ 

«.i  15 

n  <  uj 

-  a 

.J    u   D 

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'.  I  -i    trying  to  ask  whether  your  diatonco  is  Lioaaurod 
from  the  surfaco  of   the   /rrcund.  or  from  the  bed  of  .-he:  tu"  el, 

A.  The  c  urbirig  atano's—  th*'-  dirt  is  thro>od  up  so   tri^t  you 
can  hardly  statej  but   -.he  top  of  the  curbing  on  the  surface 
of  the  iTcund,  It  io  very  nearly  the  shcis^  Practically  the 
surface  of  the  frround  and  the  top  of  the  curbing,  loll  no, 
14  on  the  ^Oth  was  100  fc^.t  to  rator. 

0.  From  v^'iat? 

^.  Prom  the  top  of  the  curb  or  surface  of  the  ground, 
T)i!it  is  all  tlio  aeasureraents  I     haarc  on  t;.at  dats, 

Q.  Take  the  next  ti»e, 

A,  The  noxt  raeasurcrjBnt  is  February  9,  1907,  Tho  s;  ring 
wa^er  at  tiiL  weir  near  ^:he     rick  hotel  was  2-9/16  inches  deop 
cvi;r  a  J^O-inch  weir,  I  h-aren't  run  it  out,  i'^.T.o  i'^  ches, 

Mr.  ChapFian:  0.  You  are  cr&king  all  thoso  moasur  rnonts  tho 
8a£;e  way,  are  you  not? 

k  Yes,  air. 

Q,  How  many  inches  of     at  r  would  that  make? 

*,   I  didn't  figure  that  out.     Fot  ruary  9,  woU  no,  5,   12r>-l/2 
fetjt  to  imter  .''roc!  tho  top  of  'hocurb,  Tht:  Hri.nktll  w  11  on 
February  9,  110- 1/2  fat  to  A'ater  frcra  i.h«  top  of  the   curb. 
The  wcat  end  of     ;»..  Y  tunnel  well  on  Fo":  ruary  9,  62-1/2  feet 
to  water  from  tho  top  of    the  curb, 

lell  no.  14,  at  ^  ho  head  of  the  E  dy  tunnel,  tlio  big  well, 
February  9,  84-1/2  ft-.t  to  th6  top  of  tht.'  curb,  Thot  is  all 
I  haere  on  th'it  date, 

February  2>,  1907,  Th-   s^-ring    ater  near  t.he  brick  hotel, 
that  weir  mtmsurod  2-3/)  inches  on  a  20-inch  weir,  awaking  v:»O.UO 
inches. 


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at 

2  ■-  K 

S  o  2  14 

*;  Q.  o 

<  u " 

2  r  g 

W  -^  5  15 

0  <  UJ 

-  Q. 

-OS 

r  16 

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Well  no,  5,  on  Pobruary  23,  was  124  feet  to  wa  er  from  the 

top  of  the  curb. 

The  Haskell  well  on  the  nam      date  waa  109  fert  to   >*aiAr 

f roffl  the  top  of  the  curb. 

The  well  at  the  west  md  of  the  Y  tuniel  on  i^he  tiae  date 

wao  61  feet  to  water  from  the  top  of  the  ::urb. 

Veil  no,  14,  or  bi«  well,  at  ^ho  head  of   the  Fady  tu  'ol, 

wan  72  fe:t  to  water  from  t^o  top  of  the  curb, 

IWra^i  10,  The  rpain^  orator  naar  the  irick  hotel  over  t  nt 

20- inch  weir  waa  3»l/i  inches,  or  59,60  inches  of  water. 

Mrach  19,  1907.  Well  no.  5,  120-1/2  feot  to  water  from  the 
top  of  the  curb. 

The  Haekoll  \«oll  on  March  19  waa  IO6-I/2  f t:  -t  to  the  water 
from  tho  top  of  the  curb, 

1^,  The   ^vil  at  the  west  end  of  the  Y  tun- el  wa^)  56-1/2  feet 
to  water  from  the  top  of  the  curb. 

Well  no.  14,  L>u)  big  well,  wae  70  f  et;t  to     ater  froB  tho  top 
of  tho  curb, 

March  19,  the  Sjrini^  water  ',aa  '6  inches  running  over  thi 
weir,  or  abiut  55  irchoa  of     Sfrinf*  v^  tor, 

Ur,  Britt:  Th;^t  is  t>i)woir  at  the  bri  ;k  hotel? 

h,  Y08,  sir, 

)lr,  nhapnan.  0,  Did  you  roake  no  other  mBUnrmmntt  then? 
^   I  h'vye  friven  those  laoasuromenta  on  >.<arch  19  before  that 
of  the  balance  of  the  wells. 

On   Avril  4,  the   oirir.g  wa  or  near   tho  brick  hotel  was  2-7/8 
inchos  over  tho  20-i  oh  weir,  or  5.5  inohos, 
lell  no,  5  on  A;  ril  4  wao  117  f.'t  to  the  rater  from  the 
top  cf    tho  curb. 


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5  =  £  .. 

<  u  o 

M.i  15 
EO  4  ui 

—  a. 
«  o  3 

—  to 


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Tho  Haskell  well  was  IO0-I/2  foot  to  water  from  the  top  of 
th«  curb, 

Tlie  well   at  the  ureat  one  of    -a\o  Y  turiiel  was  %-l/2  fott  to 
water  from  tVie  top  of  the  curb* 

loll  no,  14,  the  big  well  there  at  tht;  head  of  the  gady 
tunmjl,  on  Auril  4,  was  67  foot  to  tho  water  from  the  top  of 
the  curb. 

On  May  4,  the  apring  water  was  2-7/«  i  ches  ovor  lh«  weir 
near  the  hotel,  or  33  inGhea  of  v^rter. 
On  May  10,  1907,  well  no.  5  was  III-I/2  feet  to  the  wator* 
Tho  Ilaekell  woil  on  May  10  lae  99  fe^-.t  to  water  from  the  top 
of  the  curb. 

The  well  at  the  wot  end  of  the  Y  tun  el  on  May  10  was 
52  feet  to  ^/ator  from  tho  top  of     \m  curb. 
Well  no,  14  on  May  10  waa  74  feot  to  water  from  the  top  of 
the  curb. 

On  May  19  the  o.ring  water  wae  2-3/4  inches  ovor  the  20-inch 
weir,  or  30.60  inchea. 

May  20,  well  no,  5  wae  III-I/2  feet  to  ^^ater  from  tho  top 
of  tho  curb, 

Tho  Haekeil  well  wib  9b-l/2  fe^ut  to  water  from  the  top  of 
tho  curb. 

The  well  at   the  west  end  of  the  Y  tun-iel  on  May  20  waa 
5I-I/4  f  ott  to  ?/ator. 

Well  no.  M  on  May  20  waa  85-1/4  foot  to  water  from  the 
top  of  the  curb. 

On  May  20  well  no,  4  was     115  f m;t  to  \«ater  from  'Mtt  top  of 
the  curb. 

Mr,  Cha  iraui:  0.  Where  waa  that  well? 


I 


lU 

11 

12 

a  13 

•I 
_  >-  f-' 

2  •=  £ 

a  ^  5  1:5 

n  <  ui 

—  a. 
-•  'J  3 

i"16 
17 
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A.  The  well  in  theSan  Antonio  string  juat  north  of  Baae 
Lino. 

Q,  fhttt  did  you  asy   ma  the  depth  to  water? 

ft.,  116  foot.     Well  no,  3  on  May  20  was  115  fof:t  to  water. 
Well  no,  2  on  May  20th  was  116  feot  to  wator. 
Well  no.  1  on  May  20  was  115-1/4  feet  to  water  from  the  top 
of  the  curb. 

On  May  20  the  Kubio  wo  11  waa  95-1/4  feet  to  watnr  from  the 
top  of  the  ciirb. 

Now  I  have  two  other  moaBurom&nts  which  I  Bhculd  hare  giyen 
Boonor,  On  May  10,  1J07,  the  water  in  well  no,  4  wao  115 
feet. 

Well  no,  3  on  May  10,  the  water  waa  115  feet  to  water  from 
tho  top  of  the  curb. 

Well  no,  2  on  May  10,  116-1/4  feet  to     ',i.er. 
Well  no,  1,  on  Mm  10,  waa  116-1/2  fot;t  to  water, 

Mr.  Cha}i-(«in:  0.  liere  is  icii  no,  1? 

A,  It  ia  ihc  moat  weBtern  one—  It  is  the  one  in  VM.t  string 
of  wellfi  north  of  Base  T.ine  and  furthest  west, 

Mr.  Waters:  0.  Of  what? 

A.  The  S  n  Antonio  string  of  w<  Ua  juat  north  of  Prsc  T.ino. 
C^i  May  10  th«  Rubio  wo  11  wae  9r)-l/2  foi;t  to  water. 
On  Scpterarar  let,  1907,  I  fneasured  tho   string  of     water  and 
fcund  43  inohoB  near  tho  brick  hotel, 

September  2b,  the  same  pi  Me  and  the  sini  «at«r,  37.20 
inohoa  of       ter. 
On  Novenber  19,  44,24  inciws. 

On  January  lb,  190b,  49  inches,  or  3-3/4  inohoa  ovor  the 
20- inch  weir.  T  looe  are  all  the  raoasurenB n ts  I  hawe. 


1 

0. 

— : L . 

What  is  tho  )ate8t  neaBure'ie' t  you  have  i-rXven  us  of   t,he 

2 

String  of  wells  of  t>ip  «?aji  Antonio  W. tor  Company? 

3 

A. 

The  20th  of  «ay. 

4 

'\ 

Why  did  you  quit? 

5 

A, 

Why  did  I  fjuit? 

6 

0. 

T^mt  is  \?  at  I  want  to  know. 

7 

1 

« 

The  next  tiiae  I  went  back  I  found  evon'thing    all  barrs  d 

8 

up  and  ftpiked  up  wid  locked  up  in  such  a  ahajie  that  there 

9 

waB 

no  opportunity  to  lueaure  any  more. 

10 

0. 

Did  you  have  any  talk  with  anybody  in  dixnrpp? 

11 

I  d    -i  not . 

12 

Q. 

Were  th^re  any  notices  poatxd  tlierc? 

X     13 

■J 

«.. 

I  didn't   ano  any. 

AMIN 

EPOR  I 
COURT 

4- 

^. 

When  Hid  vou  s«y   tho  bulkhond  was  first  closed' 

z  «  £ 

«-.§  15 

(Q  <  u 

—  a. 

A. 

Abrut  the  2' ^.h  or  29th  of  January, 

-•OS 

In  w' at  year? 

17 

«. 

1907. 

18 

0, 

Do  you  k  now  from  that  tijxi  on  w*  ether  thrre  was  tny 

]9 

waste? 

20 

A. 

I  don't  think  there  has  b  en  any  sinoo.  I  hnorcn't  obserrsd 

21 

any 

since  then. 

22 

0. 

Did  you  observe  after  that  bulkhead  waa  closed  any  coin- 

23 

cidcnt  facta  happening  with  re  Bisect  to  *'&ter  rising  or  flow- 

24 

ing 

elscihere? 

25 

ft 

I  noticfid  v'?ry  quickly  tVt  aa  soon  as  th^  water     in 

26 

tho 

bulkhead  haxi  raised  up,  fir  tho  first  few  days  tho     at^  r 

27 

roBo  very  fast  in  the  bulkhead  in  thr  shsift  and  on  wll  no. 

28 

14. 

r.nd  the  springs  aboTe  there  were  raising  vory  slowly.  But 

29 

tiia 

hi^r  the  water  oatns  in  ir •    bulkhead  ths  more  the 

1 

2 
3 

4 


I 

10 

11 

12 

.-  13 

■I 

z  !;  ^-' 

<  Ui  " 

z  «  5 

«.i  15 

O  <  ul 

-  Q. 

►J  U  3 

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1« 
19 
20 

-1 

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2?> 
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wella  above  there  and  the  B},ring  would  raise .   As  I  hare 
given  the  data  it  shows  t  at, 

Q.    And  you  observed   it  as     ell,  did  you? 

A,  Yes,  sir, 

0,  You  nefjdnH argue  it.  You  have   8^,atod  the  neasurofnenta 
and  w:iat  you  observed.  After  that  bulkhead  wau  nlosed  at  the 
tine  wrhich  you  ^jjave  of  its  closing,  did   it  roiain  cloaod? 

A.   It  rerxsaineci  clouod  up  till  soios  ticie  in  May, 

0.   Of  w  !it  year? 

A.  1907. 

Q.  Then  w  at  happened? 

A,  The  water  was  turned  loose.  They  be  an  to  use  the  water 
for  irri,5^ation, 

0,  Then  what  did  you  observe? 

'^  The  next  raeasureaffi 't  after  tl-Uit  I  noticed  woll  no.  5, 
liiiediately  above  14,     had  stood  still,  while  the  wells  on 
either  side,  the  further  you    -ot  a  ay  from  well  no.  5, 
i^ich  is  directly  north  of  the  kKXik  k«t«±  big  well  in  the 
Eady  tunnel  were  still  rising.  The  we; lis  on  the  west  side 
especially  raised  a  foot  and  a  quarter,  whil4  that  other  well 
stood  still}   rsjid  on  the  start  before  that  well  no.  5  had  been 
rising  faster  tnan  the  wells  on  either  side. 

0.   And  you  noticed  that  the  condition  reversed? 

*,  Yes,   Bir, 

0,  When  aid  you  next  observe  any  now  thing  hapi  oning,  or 
chaA^e  in  tine  coincidences? 

A,   Shortly  after  tr.aw--  I  only  meaeurod  the  wells  once  after 
tr.&t  till   they  v.ore  locked  up.  The  next  tiae   I   «ent  there 
they  wore  locked  up  md  barred  up. 


0.   And  whc'tlier  they  h  ve  made  any   iian.'^a  sinoo  t  at  or  not 
you  «ro  not  able   to  ay? 

A.  No ,    8  r, 

0.  Did  you  take  any  steps  to  try  to  {^t  measurorr^nts  of 
tho  ao  wcila  that  were  barricaned? 

A.   I  die).  I  oaioa  to  Sfji  Bernardino  to  «.^t  you  to  ret  con- 
sent, or  an  order  of  tiie  Court,  ttiat  v»e  raUriht  omke  a  measure- 
mejit  of  tiioaeweiis;   but  I  no  er  receiTed  it, 

O.  Have  you  been  -..licrc  to     ■        "lethesr  t^  heve  beon  barri- 
cadod? 

.^  I  haven't  >)et)n  bade.  I  have  bac-n  waiting  ''or  an  order  of 
tho  Coi'Pt  or  some  p  ermisaion  to  ^^o  eind  measure  them,  but 
I  hwen't  n;  -eivcd  any, 

0.  During  ttie  time  t'at  you  h'lve  covered  by  your  actual 
rnetisurof  ents  here  were  any  of  the  laf'.  lis  of  the  defendant 
San  Antonio  Witor  OoKpa^Ty  being  pumpc^d,  or  not? 

A,   I  haven't  observed  any  of  t  em  pumping,  except  the  Rubio 
well  and  pos-sibly  the  Haskell  well  to  irrigate  tho  orfilmrd 
in  thRt  imrriediate  vicinity,  I  h'sve  8e(-n  tho  Rubio  well  pump- 
ing, 

0,  At  the  date  v  lun  }cu  made  >our  fixjaauroiiicnta  were  any  of 
the  wells  pumping?  That  is  to  say,  did  you  make  any  of  tho 
uasurenients  while  the  well  was  btting  puinpi^d? 

A,   I  believe  the  Rubio  well  «ae  being  pumped, 

0.    At  w.'iat  raeasur Clients? 

K,  Juno  10}ti^en  I  wnt  h-  ck  to  mMtaure  the  well  a^nin  I 
think  thoy  were  all  locked  up  except  the  Rubio  well,  T^at 
was  being  pump^'d  on  June  10. 

0.    And  you  hfore  given  the  measurement  on  June  10? 


B  I-  1- 

S    E    IT 


n  <  ui 

—  (L 

-;  o  D 

—  t/j 


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A.  No,   sir;    it  waa  being  pumped. 

0,  Did  you  meaouro  it? 

A.  Not  on  June  10;   there  waa  no  0}{.ortunity, 

0.  Did  you  obaervr.  the  depth  of  tho  v-a'-er? 

A,  Not  at  that  date. 

0.   If  you  h;we  observed  any  oth^r  coincidences  of  fa'^t  relat- 
ive to  the  fi  ow  of  water  or  relative  to  the  condition  of  any 
of  thosftwells  or  a.ringB,  state  it  without  my  asking  you 
about  it. 

A.    The  0' ly  thinf^  I  h.aro  observed  is  tho  s;  ring  watar.  Ite 
hme  had  twice  as  rmich  spring  vj-ater  aince  the  bulkhead  was 
put  in  as  we  ever  had  before.       And  dtiring  the  time  it  went 
down  in  the  suirirnBr —  but   the  bulkhoad  was  closRd  after  the 
rains.  Si?ioe  t:  at  tiae  it  haR  increaaod  considerable. 

0.  IHien  \ms  thu  bulkhead  closed  this  Let  fall? 

A.  I  cm*t  give  the  exact  date,  but  it  was  during  the  week 
of  the  big  rain  we  had  in  Octo;  er, 

Q,  You  hare  given  all  the  nieasureirjente  subsequent  to  that 

time,  so  that  any  increfse  will  be  shown  by  the  raeasuremonts? 

.A.  Yes,  8i.r;    I  was  at  this  bulkhead  abcut  a  week  after  it 

heard 
was  closed  and  I    xxnaaaaiAxthe  «,mter  was  up  as  hifr^i  as  it 

was  last  spring,—  about  8  foot  from  tho  top.   And  trhen  I 

went  up  there  (I  can  't  just  give  tho  date^,  but  it  was  just 

after   those  rains,  but  they  had  opened  the  bulkhead  and  befjan 

to  irrigate  )  and  the  water  had  fpne    down  two  feet.  Other 

parties  have  HMJasuremen  s  iince,  but  that  is  all  I  know 

abuut  it. 

Mr.  Britt:  *'.  Mr.  Fox,  this  water  which  ran  to  waste  below 

what  is  called  the  San  Bornai*dino  road  or  San  Bernardino 


lAv 


6 


SOS 
5  a.  ° 
<  ^  o 


M  ^  £ 

B  <  ul 

-  0. 

„■  O  3 


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Avenue,  procoedea  from  wnat  aourco  on  thomest  eido  cf    the 
rod    hill? 

A.  Running  out  of    Lhe  big  weii  in  tiio  Faay  tun  el,    cor]  frora 
the  Kady   tm  ol  it  runs  west  towards  Upland  a  in  the  pi^-e 
line,  and  wac  turned  out  at  «  at  I  think  ve  had  an  exhibit 
hare  of  thoSun  Antcnio  W^it^r  Poi.ipany,  and  on  tliat  exhibit 
wao  wiiat  is  knovm  as  the  Stowell  sjmdbox.  Tliat  ia  a  sandbox 
150  yards  or  auoh  a  distance  north  of   t,he    avenue  or  road  ru' 
ning  diagomiily  acroae  that  flat  about  half  a  cile  west  from 
th<;  red  hill.     It  was  Uirned  out  of  that  Stowell  aandbci. 

Q.  How  doea  the  water    ,^t   to  the  Stowell  aandbox? 

A.  From  Vao  mouth  of  the  Kady  tunol   iix-ro   ia  a  big  pipe 
line  loading  off  towards  Uplanda, 

The  Hoiirt:  0.  Thia  pi];6  line  follow  a  ri^^t  along    tho  d  a- 
gonal  atroot? 

.1   It  runs  ijarallel  with  the  road  dia^i^nally  acrosB  the  o, 
juat  t.he  same  a  a  the  road. 

0,   How  does  tliat  aandbox  I'^t   to  ti:e  north  of     .;«-  avenue? 

A.  The  pip(;linc;   is  north  of  the  atroct  some  400  feet  • 

'0.  I  thought  it  v/as  rL'iht.  next  to  the  street. 

*.  No  J   it  is  above, 

Hr,  Britt.:  0.  Did  all  of  that  water  which  you  sieak  9i 
reiioh  the  Gandbox--  the  Stowell  aanibox —  f 'oa  tho  mouth  of 
tho  Kady  tim  el,  or     as  there  any  of  it  that  came  through 
the  pip«  froiu  flon»  other  aource? 

h.   I  C5an»t  av/ear  positively  to  anything  of  that  kind,  but 
I  followed  through—  I  have  been  all  throu/j^  tliat  flacb  there 
and  know  of  thia  pipe  lino  running  weat  from  tho    lady  tunnel, 
and  it  ia  the  only  one  ^  at  I  know  of  tnat  doaa  run  through 


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that.   And  this  Stowell  aandbox  is  where  the  water  did  run 
OutxiJitoxJtiiexlJait  in  tYie  fill  of  1904  and  spring  of  1905,  the 
fall  of  1905  ana  the  SjTing  of  1906.  But   thun  in  the  8   -ing 
of  1907  or  the  fall  of  1906  and   sjirinp;  of  1007,  aftor  we 
had  made  complaint  about  thiB  water  running  to  natte,   it 
was  carriftd  throufrh  pipe  linos  anA  turned  out  at  oUer   out- 
lets lo'-wr  down.  One  place  where  a  flwod  doal  waa  run  into  thjj 
0):«n  and  into  the  flat  waa  juet  below  the  ?5anta  Fc  railroad 
near  Bif^hth  Street  and   eaat  of   riampuB  Avenue,   A  great  deal 
of  water  was  tur'  ed  out  tJ-iere  af  t-  r  ic  made   cocjplaint. 

0,  What  was  done  with  it  at  t:i?-t      point  Triiich  you  hat« 
last  mentioned" 

A.   It  ran  to  waste  in  t.he  bniah  arid  rocks, 

Q,  Have  vou  over  bn^n  down  the  shift  of  that  big  well? 

A*  No,  pir, 

Q,  Wherever  you  apeak  of  sring  water  in  the  course  of  your 
testliiony  }iere,  was  t  at  water  that  was  measured  at  the  weir 
near  the  brick  hotel     in  each  instance? 

A,  Yes,   sir. 

0,  That  ia  on  the  oait  sidft  of  tht  red  hill? 

A,  Yes,   air, 

0.   Md  is  t^'ttt  the  water  which  was  taken  out  of  the  little 
orepk,,  the  Hucaraonga  ^rojik,  on  the  oast  side  of  thR  red 
hill? 

\»  Yes,  sir, 

Ur,  Waters:  "f.  These  neasoreiaents  of  water  in  shafts:  With 
what  kind  of  an  instrurnent  were  fuoh  aeaturon-jcnts  made? 

A,  Steel  tape, 

Ur,  Haskell:  o,  IXiring  these  years  of  which  vou  hawe  tcsti- 


Z  "  t- 

-    -  X 

-.    0  ^ 

:.  O 


<    u 
-  0. 


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L8 
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fiod,  do  you  know  vhet  er  or  not  the  f^an  Antonio  Water  ^oni- 
jjany  ha^  pumix:d  ary  water  f  ron  it  a  wella  in  tho  neiajhborhood 
of  the  red  hiU  during  tho  rainy  season? 

K   I  never  knew  of  any  being  purajjoc  during,  tho  rainy  aeason, 

0,  You  hti,ve  bot;n  to  othor  ?;eilB  f remier  tly  durinrr  thoae 
soasona,  hflorc  you? 

A.   Oh,   I  have  }.aa8od  by  there  aonetirnoa, 

0,  find  if  they  liad  bci;n  in  operation  when  you  diri  pass  by 
you  vrould  hme  known  it,  wouldn't  you** 

\.   I  think  DO, 

0,  Now  in  roi-ard  t^  thia   sliaft  which  you  hare  teatif  led  to 
aa  extending  into  the  K-idy  tunnel,  thc;  ahfif  t  in  which  you 
made  criaaaurerjaonta,  extend  a  down  to  the  Ejidy  tunnel,  doesn't 
it? 

A.  Yea,   air. 

0.  Do  you  know  how  far  it  la  from  the  top  of  '..he  jcrround  to 
thu)  bottom  of  the  tuniol? 

A.  llo  fc-t, 

0,  Hov  hif^h  did  the  water  riae,  a;  proxiaiate ly/  at  the  high- 
est point  at  which  you  inoaaured  it,  above  the  floor  of  the 
tunnel? 

A,  While  the  bulkhead  waa  ahut  dovm,   from  January  till  May, 
it  rose  i  40  fs't. 

0.  From  January  till  Uixy  in  the  year  1907? 

A.  Yes,  air,  Laat  year  it  roao  46  foot. 

0.  You  have  toatifiod,   I  believe,  thi^.t  tho  bulkhead  irai 
Open  ffuring  tho  irri/^^iating  aeaaon  of  1907. 

'•  Vos,  sir, 

0.  Do  ycu  know  hethor  or  not  the  bulkhead  waa  open  wide. 


2  0  2 

5  0-  ° 

7  C  C 

o 

-•  a 

I  ui 

-  a 


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SO  that  tho  wat.er  wouxh't  rise  in  the  abaft  of  which  you 
BW)ko? 

A,  I  hjBi.ve  never  i'son  p  there  and  eoen  thia  water  all  turned 
off  in  the  ijant  season,  I  don't  bolitjve  it  ever  was  all  turn- 
ed off. 

0.  You  have   examined  it  during;  tho  irrif;ating  season  of 
190V? 

K»  I  have  been  there  a  few  tiraea, 

Q.   And  you  h-  ve  looked  down  l.h«  shaft  ano  seen  the  w^.t  er? 

A:  YeSj  air, 

0,  About  how  much  of  a  drop  do  j^ou  think  you  rave   seen  there, 
at  the  lowj  at  juoint  of  tiie  witer? 

•''^   I  was  there  only  a  alwrt  time  af     er  t  at  bulkhead  was 
opened,  and  I  was  there  a^  ain  thiafaE,  and  two  or  three 
titles  that  T  was  there  there  ^as  water—  tht.  v.ii.t.r  ./as  not 
all  turred  off, 

0.  How  near  down  to  the  tunnal  would  vcu  aay  the  wnter  was 
turned  off  from  the  obaervationa  that  you  liade? 

A.  The  fir  at  tr.e  I  was  there  after  the  bulkhead  wae  opened 
tJic  water  had  f-one  down  about  15  feet,   «id  then  this  fall 
when  I  '«i8  t'  ore  arain—  I  don't  know  that  I  wblb  there  but 
twice--  then  the  water  was  up  over  40  feet  at  the  head  of  the 
tuji  nel . . 

Mr.  Waters;  0,  Do  you  metm  40  f  e'  t  above  the  tun  el? 

A.    ft)ovo  tho  tunr  el  in  the  ahsift,  at  tho  bead  of  tho  tunnel. 
At  that  time  there  was  ab(  ut   ;-'  fo<t,  Tho  water  was  ahout 
two  f  cf  t  lo    r  tVan  it  was  when  I  metjwrod  it  tho  laat  time 
that  a].rinr, 

Mr,  Huokcll:  C.  That  would  indicate  that  the  bulkhead  hnd 


i.  -  y- 

S  o  2 

5  a.  o 

7  C  IT 

J  -I  i 

a  <  lu 

-  0. 

_•  O  3 


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not  been  ope  nod  to  ite  full  capacity,  or  the  full  capacity 
of  th9  tunnel, 

A.   It  laifrht  have  be{  n  in  the  sujoer  or  raiddle  of  the  out:  er, 
and  then  raised  a^  ain  and  I  wouldn't  know, 

0.   I  mean  at  the   t  iaa  you  aa*  it, 

A,  At  the  tin©  I  uaw  it  there  was  always  water  there, 

CrosB  Ecaxnination. 

Mr,  Chaprfian*  ';,    How  frequently  did  you  aec  it  in  the  aum'.er 
of  1907? 

A.   I   8«nv  it  on  May  20th  £uid  June  lOth,  and  then  I  difii*t 
aeo  it  a-ain  U'  til  about  the  first  of  WovombT  thf..t  I  aa 
poaitive  of, 

0,  Has  thwro  been  any  chan^.^  in  the  20- in  oh  well?  during 
tiic  time  yonr  raeasurtrents  were  taken,  over  which  the  oirine 
water  waR  rneasured? 

/L  Any  cJiarvP   in  the  weir? 

Q.  Yob,   air. 

A,  The  weir  baa  been  the  aame  now  aa  it  ta-.^,  ai'  co  1904, 

C.  Did  you  laake  any  Kie^iaururiieiitB  of  rhR  asrin^  s'.'ater  after 
Hay  20th,  1907,  and  before  Septeita  nr  f  irat? 

A.   I  d  dn*t  Eoake  any  moaaurcifitm  ta  bet  eon  June  9th  ar>d 
8©j-teia  cr  first. 
0*  What   did  it  hieaJiure  on  June  9th? 

A,  2~3/4  in<j:hea  ovor  sha  ?reir,  or  30.60  i'lChsa, 

Q,  Did  you  ooake  any  JEjeaaureEi'-nta  of  t.he  Y  tunsel  betwi^on 
May  20th  and  September  first? 

A.  No,   sir, 

G.  Thdrc  waa  nothing  to  pm vent, your  maaaaiing  thoac  plnea, 
was  there? 


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CO  4   ui 
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-;  o  D 

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*,  No,      ir;    I  oould  have  mcnour«d  tVioae. 

C.  You  say  tr^t  w  ilo  the  wKtor  lotred  to  some  extent  in 
the  8)rinif5  or  ovor  this  woir  during  the   8a'.rtor,  you  still 
had  about  trdce  as  rnuch  r/ater  afi  usual  last  year,  as  you  did 
the  year  previous  or  the  year  before  that? 

*.   It  haa  run  pretty  ne.iiriy  twice  as  much 

0.   Did  you  take  any  not  ico  of  the  water  during;  other  tiaes 
in  1903  and   *4  down  to  the  present  tine? 

A,  Yea,   8ir, 

G,   Isn't  it  a  ''act  t'-at  there  was  a  frreat  doril  more  ru^  ning 
in  ^he  season  of  1906-7  tnan  in  1905-6? 

K  No,  air;   1905  was  a  wet  year. 

0.   I  ajn  sj.ieaking  of  th    season  of  1905-6,  and  by  t;^at  I 
ara  oountinf^  fran  tho  first  day  of  Septerab  r,  1905,  until  the 
first  day  of     Septoiri'«r,  1906. 

A.   1904  and   '5  was  aa  wet  as  'S  tuid  '6  or   '6  and  •?. 

C   I  ani  only  p.Bking  abov<t   the  season.  Not  the  calendar 
year,  but  the     rainy  sc-son  of   1905  and  •6.  Was  t}k  re  not 
yery  much  loss  rainfall  Vnm  there  was  in  ll'06-7? 

A.  K'sli,   thoFio  l&et  three  winters  wore  all  wet   .'.inters.  There 
was  not  a  i.T'eat  deal  of  dif ferei>!ce.  Tney  were  all  thrtc  wet 
winters, 

0,  Did  you  '  sy  any  attention  to  the  rain  records  in  this 
section  of  tiie  country  during  the  time  you  hisare  bot.n  here? 

A.  Not  in  particular, 
,   Did  you  ke»  p  any  records  yourself ' 

K  No,   air. 

0,  And  you  think  there  was  no  more  water  in  1906  and  •?  in 
the   seaBon  of    rainfall  than  there  was  in  1905  and   '6? 


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h.  Oh,   thoro  wa?  possibly  four  or  six  i'n  hea  more;   but  I 
havti  obocrvod  that  t,ho  rec  r  fl  run  from  26  to  50  inchee  In 
those  In  >t  threo  years, 

0.  From  26  to  160? 
.  Yf:8,   r.ir,  B\it  <"hich  w&b  tlic  wettest  of  the  three  I 
can't  loli  vou, 

''^.   Are  you  counting  th«  calendfur  j/eare  or  the   aeaaons  of 
rainfall? 

K   I  know  tho  first  year  I  was  horo  it  wai:  dry,  and     in 
tho  fall  of  1904  that  was  dry,  but  'he  a  ring  of  1905, 
the  12th  of  March,  v/e  i^ot  a  flocd,  and  thti  12th  of  the  next 
march  there  war.  another  fall--  1:  at  winter  we  h  e  lotK  of 
rain, 

0.  The  eeaaon  of  1904-5  was  one  of  pretty  ccnsieerable 
rainfall? 

k  The  lat--6r  part  wa'S;  yea,  air;   very  heavy, 

0,   I  i'JQ  spcaki»>g  of  the  entire  8oar>on  of  rainfall,  from 
Septombor  first  of  one  year  till  Septeiaber  firfit. 

A.    As  I  remember,  there    «aa  about  26  inches  tho  first  «t 
yeiir, 

0.  That  i8,  1904-5? 

^.  Yea,   sir, 

0.   And  1905-6? 

^.  About  30  inches, 

0.  And    •6-*7? 

A.   I  think  it  was  not  so  tnudi  as  the  year  beforr. ,  but  more 
th  fl  tho  f  irnt  wet  year,  and  kind  of  between  the  two.  That 
is  the  way  I  rtme.  ber  those  seasons . 

0.   I  speak  of    h;   yonr  1906-7.  You  think  that  was  not  as 


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y 

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X     13 

at 
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<  u  " 

S        O    1   - 

(0  <  ul 
-   Q. 

-;  o  3 

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much  aa  the  yoar  before? 

^.  Yes;   I  think  t:j!.t  is  tho  wet '45 at  year  of  the  three* 
Tho  middle  year  of  the  thi-e*    ib  the  we  tweet. 

0.  Do  ^ou  know  wliat  if  any  work  Jiar  be:  n  done  in  the    foot- 
hiila  to   increase  tho  quantity  of  u'lcierground  ..ater? 

A.  At  what  point? 

0.   Above  this  ntring  of  wella  of  the  8an  Antonio       ter  ^oi.t- 
fany  t'lat   you  8i«ftk  of  and  out  east  towarda  the     ere  ok? 

A.  The  only  thing  t  at  I  know  of,   tho  San  Antonio  Water 
Compariy  aoccd  to  b(.'  satiefied  with  w  at  they  rot  in  tho 
untie rf low,  but  they  went  and     turned  th^  Burfa^-e  flow  off  ao 
we  couldn't  f^et  any  of   it. 

C.  Where  did  they  turn  it  to? 

K.  On  the  flats  to  the  wcBt  of  it  and  so  it  has  nev  r  any 
chaicc  to  f^t  lo  u8  at  all, 

0.  Give  us  a  more  accurate  cioacrij.tion  of  where  they  turned 
this  surfaoo  watior  on  to  tho  plains? 

A,  It  ia  a  mile  or  a  i.tilo  ruid  a  half  above  19th  Stror  t.  It 
ia  a  couple  oT  iiiiles  above  16th  Stroot,  and  it  ia  two  milt  a 
or  three  mile  a  above  our  ajrin/'a. 

Q,  On  niiich  airie  of  ♦^ho  creek,  the  east  or  t>^e  west? 

A.  On  the  we  at  side, 

0,   ibout  how  far  from  the  cre^k  to  whare  they  bsf^in  to  airead 
it  over  thr   :  nrf  aoa? 

A»  They  throw  a  din  acroaa  the  creek  and  turned  tha  aatar 
into  the  waahea.  There  ia  time  a  when  the  orottk  up  near  the 
mouth  of  tho  Oucamonra  C>uiyon  ovetf Iowa  in  the  flood  timea, 
and  by  pllin^^  a  litik  rook  dcaa  in  there  you  oan  throw 
tho  mter  off  into  tho  waahea  off  to  the w© at  of   the  cre(;k. 


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<  S  " 

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n  <  ui 
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0,  Did  i«hey  divert  the     ater  and   spread   it  over     ho  aurfaoe 
of  the    'round  and   in  th©se  waahes  that  jou  aijeak  of  to  a 
gn;ator  extent  last  oprin^,   in  the  season  of  1907,  t'mn  thsy 
h'ii  before  that? 

Mr,  Britt.:  T  at  io  not  cross  exaiaination.  Diore  are  sone  of 
the 80  proceoBos  set  up  in  DiC'  answer  in  the  caao,  and  ii  is 
part  of  i\m  ricffT*  artt's  case,   if  it  has  a  value, 

Tlie  "ou^-t:   It  is  prut-ty  hard  to  t«;ll  wrat  is  cross  exaCiina- 
tion.     It  deals  with  the  question  of  interferences  with  water. 
It  is  reeponaive  to   -.he  ^n<  ral  proposition, 

A,  I  don»t  bciiove  they  did  as  much  l&Bt  cij-ring  as  they  cid 
thft  yoar  before.  Of  courr^e,  they  have  b.-  -n  doing  t  ut  all 
of  thoSGwet  years,  but  'he   season  that  I  noti^Kd  tho  roost 
was  a  year  ago  last  s^rii\o;. 

Q.  Th^;t  «ouId  bo  1906? 

A,  YcG,  sir* 

0,  That  is  when  you  noticed  it  t.ho  most? 

A,  Well,  both  rij.rinKB.  I  won't  bo  positive, 

C,  That  Eady  tunnel  that  you  speak  of,  you  sif    thero  are 
more  people  and  more  companies  interested  in  Vmt  tan«lT 

A,   I  h'*vn  u"'i  or  Stood   so. 

C,  Do  you  know  -rat  companies? 

/^,  The  nuoai'Onfica  W',ter  ^Of.npan}'-, 

C,  Pricr  to  put   ing  in  the  bulkheads  in  Jtinioary,  1907, 
had   the?re  boon  any  apparatus  or  d  vicft  of  any  kind  constructed 
in  th/ut  tunrfil  to  prevent  'he  flow  of    -iter  out  of  it? 

A,   I  think  not.  Not  that  I  could  find  out. 

'^,  Ths  Cuca,'non;?;a  W  -er  ''ompany  furnifih«s  water  to   a  ftpod 
many  people,  does  it  not? 


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A.  Yob,   air, 

0.  Ann  from  t^at  ttonnol? 

A.  Yo5,  sir;    they  rot  part  of  tho  flow  of   the  tun-ol, 
Q,   And  how  Tr  oquently  did  you  obsMnre  this  vaite  water  off 
in  the  rocky  points  and  waahes  that  you  speak  of,   fron:  that 

tUIl'iCl? 

A.  Well,   in  1904  and  th«  fall  of  1904  and  airinff  of   1906 
I  noticed  it  most  every  v/eck,  Fvery  time  I  would  ro  to  Up- 
lands it  ^ould  run  uncer  the  bridfj* ,  -.nd  I  have  observed   it 
for  weoka  and  laontha,  I  harn  observed  it  posBibly  every 
we  ok  anc!  sorjotiines  onoe  or  twice  a  w«ok, 

0.  Isn't  t  at  water  used  in  the  irrigatii^  Beason  partly 
by  the  San  Antonio  -f  uople  a'd  partly  by  the  Oiicmuoni"*  W  tor 
Tomfany  for  irrigation? 

A,  YeG,  sir;    in  thn  sir.i  or  titr«), 

0,  At  the  tinis  you  observed   it  it  was  at  a  tint  Whc3n  it 
was  not  employed  in  irrigation? 

A.  Yes,   sir. 

C.  irhen  the  bulkhead  was  built  in  the  tun-^el  in  190?  in 
January  thoy   were  able  to  control  thi;  flow  of  water  from  the 
tunnels,  wore  they  not? 

A,  Yes,  sir;   thoy  controlled  it  till  they  opened  thy  bulk- 
head.  It  didn^t  fyt  quite  full. 

Q.    kid  then  they  could  control  it  to  some  extent? 

*,   I  have  my  doubts  abtut  that. 

0.    Aftrr  );.:i.y  20th  or  10th,  wrien  you  w«nt  to  this  string  of 
wells  t Mat  you  Sj^oke  of,  you  say  you  foundt^iem  burricaded  and 
loiiksd  up  80   that  you  couldn't  pjet  any  information.   Is  thtit 
correct? 


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A.  T'iUt  is  correct.  That  is  Uie  condition  I  found  tiem  in 
on  June  10th. 

0,  Did  you  oako  any  ai4>lication  to  tho  5>ari  Antonio  "' 
^onpaiy  or  tlio  San  Antonio—  tho  Ontario  Power  Clorufuny—  for 
j^anaisaion  to  laako  measura.'fiontB  in  these  wo.  It? 

^   I  haci  Mr»  Waters  phono  over  from  his  office  to  i^r, 
Gro  g*8  to  8©e  if  antisfactory  arranwacntB  couldn't  be 
made,  HtJ  tolaphonod  ovt^r  to    mt.  if  he  couldnH  get  tatiBfac* 
tory   &rraan>raents,  or  ht;  would  have   to  ^i,  an  order  of  the 
court.   And  i'r.  Ore  g  phoned  hack  that  he  th)u  -t  it.  auld 
be  arraii' id  all  rirjit  and  thcjy  would  d  low  me  to  later  on.  But 
I  novor  heard  anything  abo  it  it.  I  nevi;r  reooived  any  p  nnis- 
8 ion  or  any  orner  or  aiwthinf;;. 

Q,  Did  you  know    .hy  ttey  had  locked  up  and  Isarri  adod  those 
we  11 8? 

A,  No,  8ir. 

0.  Did  you  make  any  inquiry  of  thorn  aft  to  the  cause  of   it? 

A.  No,   sir. 

Q.  Are  you  acquainted  w  th  tiio  president  and  secretary  of 
tho  San  Antonio     atf^r  Hompany? 

4,  Tho  prooident,   I  njo^   !'r.  Le(^ke. 

:.  Did  you  ever  hare  any  talk  with  him  about  it? 

A.  I  did  not. 

Q,   I  htiiievo   I  aaked  you  if  you  Ksde  any  raeasuroments  in 
the  Y  tun f el  after  M^y  10th  or  20th,  1907? 

A.  Not  aftor  June   10th,   I  dicm't. 

0,  Did  you  nr.,ke  a  Baeasuroment  in  the  Y  tunnel  on  Juno  10th? 

A.  Yo8,  air;   on  June  10th,  1907,   It  was  f)l-l/4  feot  to  w  ter. 

0.   In  the  Y  tun-el? 


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A.  Yen,  air, 

"•.  Han  you  give  ub  a  description  of  t^^at  weir  ov^ir    h  oh 
the  meaaurGients  were  made  of  trr.  ajrin/!;  waler? 

A.  Yea,   sir.  In  the  f  ret  place  there  waa    a  concrete  maton 
work  y.\it  in  thore  and  an  iron  or  stocl  weir  put  in  there, 
and  thore  waa  a  40  or  '.>0  i' oh  weir  put  in  there,  and  in  the 
Btt'-rcr  of  1904.  A  sentlecian  who  took  water  measurenier.tB  for 
Mr,  Ihrif^t  here  and  casre  his  teetiraony  hert-   at  t're  oth?;r 
session  (I  can't  recall  his  name  j-jnt  now)  he  took  a  fieoe 
of  sheet  iron  and  nade  a  slot  in  it  on  each  end  of  it,  10 
inchoa  wifie  and  about  four  or  five  inches  ^eep,  blocking  up 
the  mid(;le  of  the  bif?;  long  weir,  so  tha.t  over  hero  on  this 
aide  of  x-he  «,'eir  and  on  that  side  of  the  weir  there  are  two 
slots, 

0 .  Two  ten  inch  slots? 

A.  YeR,    air;   tsw  ten-inch  slots,  caado  out  of  quarter- inch 
or  three-eif^htha  iron. 

0.  Did  yo«  Measure  arsy  otKer  wells  in  t'  •.t  dis'rict  than 
those  a»a8urei.«nta  of  which  you  have  s  oken? 

A,  None  exoe^ting  the  01d  Set  lers*  wsil, 

Q.  fheroaboute  is  t  at? 

^^  To   !>n;  northeaat  of   'ii     n  rings  and  rod  hills  about  twt 
Liiles, 

C,  Hotf  frequently  did  you  make  measurenents  in  t/iat? 

A.   I  have  pulled  the  pump  a  numher  of  times  in  1904-5  and 
•6-'7. 

0,  Have  you  '-ot  a  nemorandun  of  your  measuren^ents? 

'.   I  never  made  a  ciiiQorrtndum  of  them. 

0.  Did  l}w  water  incre    ae   in  t  at  wll  in  1907  as  it  did 


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in  the  others? 

^,   No,  sir;    every  spring  thowiter  st^ftnds  24  fct  from  the 
curbin/t^i   J\i8t  about  the   8fL.«  thing  every  «>>rin^, 

0,  There  wa3  no  diffor^mce  in  the  8|jring  of  1907  from  any 
ot  er  8]  ring? 

A.  No,   8  rj   not  a  bit.  le  puin}^<;c'  it  a  little   lo. '  r  in  1904, 
and  39  fo^t     frooi  the  eurfaoe  wan  the  lowest, 

0.  When  lef  t  to  itsolf  it  cjotioe  up? 

A.  To  24  foot  from  ihf:  aurfacio, 

Q,  Will  it  regain  t'loro  during  the  entire  leason? 

\.  It  is  at  t^uit  point  w^'f  n  ?/e  ca.if;;enc';  to  pump  every  epring, 

"•,  Then  vrhtin  you  oooee  to  j^ump  in  the  fall  does  it  rise 
to  the  8arf«  hifjht? 

^.  Thoae  dry  years  we  pumped  till  it  rainr^d.  I  dop»t  reacm- 
br  Kbdi  whet}->er   it  was  Novarber,  December  or  January. 

0.  WVien  you  cease  to  yurnp  does  it  cone  up  to  the   same  hiffit? 

/I,   I  Toriiatcly.   It  coHifis  ri;:^iit  up, 

0,  Can  you  toil  mc  exactly  where  trf,t  is  located? 

A.   I  think  you  v,ill  find  it  near  the  northeast  comor  of 
aootion  o.     Our  well  is  rirht  ^h^>re .  (Pointing  to  a  dia^zram.) 

0,  That  is  the  northeast  corner  .f  section  5? 

*.  I  g^ieRs  it  is  ri'ijit  in  tiiere  on  lot  8  in  section  3, 

Q,  Near  the  north  bouno  ry  of  lot  8,  section  3?  Marked  on 
this  dia^w/j  4? 

A,  Yes;  rif?Jit  ftbout  thore.  (x).  T'lat  is  as  near  as  I  can 
locfite   it, 

Mr,  Britt:   I  tiiink  thoae  are  l  t:  frong  bunch  of  exhibits, 

A,  Yes,   sir;    they  belong  to  the  Louis  Snith  oaae, 

Mr.  Ch.'iiif.ian:   0,  Are  those  tft-o  ten- inch  weirs  both  0}X5n,  and 


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were  you  using  bolh  of  those  weirs  i^en  you  wo  making 
thoBO  aioasurci  onts? 

',  Yob,   B-.r;   aiwaya, 

0.    hna  w>iftt  ia  the  width  of  the  space  1/otweon  tiie  two 
10-inch  wulra? 

A,  I  never  measured  that  8}-ac©,  I  think  it  was  a  40-inch 
weir  in  Uio  first  place,  and   ihv  raid  die  half  of  it  was 
filled  up.  Then    is  at  least  20  i  ches  between  the  two 

Q,    And  thtin  a  10- inch  space     on  each  aide? 

A.  .Yea,  sir;   0}^jen, 

0.  Have   ^ou  any  stock  in  the  f^ucarion-cijft  W  tor  Company? 

A.  No,  air. 

0.  Or  in  the  Oucamonga  Irri^^ting  '^o^n^.pjiy? 

*•  No,  sir, 

0.  Your  int<-  cats  are  all  with  the  Old  Settlers? 

A,  Yea,  air, 

0.   In  1  03,   I  believe  you  say,  you  first   saw  that  country? 

A.  Yoa,   sir, 

Q.  Is  t ::at  ri  :ht?  Did  you  sey  you  first  wr.nt  thjre  in  1903? 

.«,   I  think  it  was  1903, 

G,   About,  vhu.t  ttrae  of  the  ye.x? 

^*  In  the  sii    ©r  time,,  I  went   'Jiore  in  Aj^ril  four  a'ld  a 
half  years  ago.  It  iviil  be  fivt  years  in  April  ex  wssut 
since   I  caiae  to  Oucaraon/'a, 

Q.  That  will  take  it  back  to  1905. 

A.   I  think  ao, 

0.  Did  you  have  any  interest  in  the  country  at  that  time? 

A,   April  yth  was  the  date  that  I  traded  for  the  property 


^,  vJr^ 


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t^]at  I  have  t^^ere. 

C.  Tfiat  is  the  20  acre  tra  t  t.  at  you   etill  ovm? 

A.  Yes,   sir. 

0.  Whore  did  you  aa^   that  «ib  located? 

K,  Half  way  between  the  bar*  and   tb.t  schoolhouse  in  Oucamon^. 
On  the  north  elds  of  San  Bernardino  Avenue, 

0.  7)id  you  oh8<!rve  the   stream  at  that  time?  Did   you  take 
a  look  over  the   country  for  the   purpose  of  detemining  any- 
thing about  tho  anount  of  wa*.er  that  was  t-^ere  then  ? 

A .  Not  at  t^at  time  • 

0.  About  when  did  you  fir  at  observe   it? 

A,   About   tho  middle  of  the  aur-er, 

'^.   1905? 

A.  YcB,   sir, 

C,   Ab'  ut  how  m^oh  water     as  there  then  in  Ui^  creok? 

A.   I  aJiou  d  jud;?TB  about  18  inches;    softfi where  betwern  15 
and   20  inches, 

Q,   Whan  wis  it    -hat  ycu  conalnicted  this  drain  ditch? 

i,  I  did   th?it  along  about  January  r-jid  ?cbr\iary,  1904, 

0,  Where    me  it  constructed? 

A.  We  fiad  a  big  50- inch  j^ii^o  line  t^  at  leacis  dcv.n  from  the 
creek  to  thf-  weir  that  ne  have  be'.n  sjeaking  about,  where 
the  8  ring  r/ator  is  measured  near  the  brick  hotel.  From  tho 
ho^id  of  tJ^iat  50- inch  pijie  line,  about  90  fe- 1  north,  ri;dit  up 
the  bank,  anri  thRii  turning  to  the  left  and  ru»ining  about 
100  fc()t  till  we  got  ri/'+>t  to  the  bank  of  the   creek, 

^,  You  say  turned  to  t.he  left.   In  which  way  were  you  f'oing 
#hen  you  turned  to  the  I'ft? 
A.  I  ¥B>r}  ninning  about  11)  do^Tt'-  R  to  the  ■sHt  nf  north,  itnri 


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I  turrod  and  ran  pretty  near  west. 

",  Ho»  far  from  the  crcf^k  o-id  you  run  t   ;:)t  cut  or  drain? 

'  .  I  kc|/t  just  m  far  from  the  creek  as  I  could  till  I 
turnod,  am   toen  wiien  I  turned  I  turned  and  ran  to  croae  unoer 
tho  creek,  which  I  have  ainoQ  dono* 

"•  Do  you  know  about  how  Raich  'ater  you  collected  in  *J:mt 
ditch,  or  inoraaavd  it? 

/•   In  the  ne  i^jhborhood  of  six  inchtis, 

0,  Has  it  continued  to  flo'/>  in  t  ..t  ditch  ever  sinoe? 

A,  Yes,  air, 

'\  To  ab^;ut  what  extent? 

A.  Well,  it  ran  do^m  to  four  inches.  Mr.  Wrif-ht  /a^ve  a 
raeaaureiaent  in  the  other  session  of  four  i  chcs.  That  is 
thv3  lowest  it  ;^t  in  the   su-;  er  of  1904,  And  it  has  usually 
run    about  6  inches,  winter  and  ramner,  till  this  fall  I  in- 
creased it  aj^jsin  and  laid  a  fifteen-inch  stt^l  pipe  line    umier 
the  bulkhead  and  i^a  sed  tho  orenk  and  brought  it  up  about 
fifty  foot  from  th©  creek  on  th<i  west  side  of  the  creek. 

0.  Waan»t  affected  during  tho  ipring  of  1907  in  like  man- 
ner with  tho  otner  waters  t  at  you  measured  over  that  weir? 

A,  No,   sir;   the  ditch  didn't   seem  to  be  a'  'ected  at  all. 
I  no  er  observed  ary  dif  orenoc  in  it, 

'.  You  dian*t  o&ke  any  raeasuronx-nt  of  tho  water  of  ti  at 
ditch  diet  if. ct  from  the  sun  total? 

A.  No,   sirj    I  never  nxjasured  it  separate  from  the  cretk 
water. 

Q,  Did  you  raoasu)^  the  water  in  this  string  of  wulls  tnat 
you  spook  of  prior  to  1907? 

A.  No,  sir.  In  Decc  Ver,  1906,  just  the  one  ■•aauraBent 


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on  Doocfrfoer  25rd   , 

0.  How  did  you  i^t  into  the     well  then? 

-.  The  wells  wa  measured  at  that  ttoo  were  open. 

^,  You  don't  know  who  opened  t..>iem? 

K.  No,   sir. 

Mr,  Haskell:   n.     During  the  irri^!;ating  season  of  1907  have 
you  viBitfjd  the  mouth  of  the  San  Antonio  '^anyon? 

A.    No,  sir, 

r,  Britt:  Where   is  that  bulkheah   situated  in  thu  tunnel''  Is 
it  close  to  tVe  mouth  of  iho  t';n^-el? 

^.  Nc,   &:r;    it   is  not  far   "roin  the    middle  of  the  t  i^ol. 

0.  I  think  it  has  Uicn  doacribc  heretofore .   I   iicrcly  want 
to  rcfree}!  aiy  o'wn  recollection  about  it, 

r.  rDTapman:    0,     I  Trant  to  ask  you  one  furtherq\testion. 
You  male  no  measure  a  ts  of  thti  vraters  in  thr,   s  rinira  from 
Jw\  e     10th  to  Septe'  her  1st,   1907?  Did   you  bbJcs  any  other 
iriertHur''  ents  during  that  tiifi^'' 

*.   I  :  .'jdr  a  Hieaaurft  cnt  or  two,  biit  the  w^ter  was  pra;:ti  -ally 
staridin^,  about  the  sa.  e,  and  I  didn't  make  any  record  of   it. 
Th;r-:  wasn't  mi;ch  Ghan*?^  in  the  water  during  the   sur:  rr,  and 
while   T  measured   it  a  ti'/e   or  two   I  didn't  .'.vvke  any  record, 

^,  Bet>^^cr;n  June  9th  ar.d  Septec.btir  1st  there  was  a  c  anpje 
of  how  niany   inches —  30. bO  inches,--  and   Sopte  bor  Ist,  43? 

\,  This     charvre  t'  at  you  ha^u  ref'^rfncc  to  th-re,  thrrx  was 
dboiit  30  inchf.B  o!*  v;ater  ru'  nin^;  down  the  crewk  and   in  ;  he 
ditch  tc,>  thor,  and  when  I  extended  the  ditch  under  tht^  bluk- 
head  and  undf.r  t  le  crock  and  i^ut   in  the  200  feet  of  su^wier/'ed 
pij.e—  tv/o-foot  joints  of  stctl  pi}.e   ana   laid  with  open 
JJointe —   I   increased   tlv)  water  froi.  about  30  to  about  44 


i 


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inches ,  Tiat  is  t,ho  only   increasie. 

0.  When  r.irl  you  (O  that? 

A,  Wtil,   I  have  a  book  at  homo  tiiat  givwe  a  date  iihen  ray 
men  wero  working  tnero,  but  I   didn't   r^hink   w  bring     it  in. 
I  litivo  a  book   sh  wing  the  t>xact  date  when  I  starU.d  to  work 
arui  C02:ij.>lGttJd  it.   It  wa!>   Btartnd  in  Au^st  and   completed 
in  Sopte/riber,  and   I  muaBur^d  the  water  when  I  started   in 
and  '.     r     was  30  inches,  and  when  I  quit  there  w&e  41  inches, 
Thf3  laBt  v.^iS  the  Se^torabor  nieiaRurtii'  nt.  B\it    the  60  inch 
raeaoure-  cnt  I  didn*t  rnake  a  record  of  tnat,  b  t  I   increased 
it  '0  44. 

'^.  You  8i.y  on  SeptO'.^er   let    4^?, 20,  on  thoZBth  of   Septerabar 
57.20,  and  on  Novtanl)f;r  9th,  44. 21  inches. 

''.  These  ;af;.asur<;;'?ent8  are   correct,  beni^use  in  SepteM''^(r 
j'jst  ii'ter  I  ,t)t  in  this  water,   I  tapped  some  lit  if  resor- 
▼oirs  and   they  draino'    out  and  the  -at^r   aeon  drOj  i  ed 
f  rofQ  45  down  to  37  at  38.  Tn  at  is  corroct, 

Mr.  Haskell:  0.  This  B'rsuft  that  ycu  a   oftk  of  th;.t  was  driven 
into  the  Kady  tun  el  is  driven   tlirou^'-h  a  portion  of    ^i     red 
hill? 

i.  Yeo,  fir, 

C.   Ana  this  well  ti.Kt  you  s^^eok  of  as  belonging  to  the 
Old  Settlors'  '%ter  Company--  Is  that  t^e  nar.-je  of  it? 

A.   Old  Settlers'   >7  ter  Company, 

0.  Old   Settler's  water  dooipiifiy —     I  will  first  ask  )  ou  in 
what  dire(;tion  docs  thn  red  hill  run  frora  this  tu  nel? 

\   It  runu  towards  the  northeast.  That  is,  you  t>iko  tht. 
ranr^.o  of  hills,  th'i  creek  outs  tnrou/jji  aJid  runs  northeaat 
for  about  a  mile. 


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0,  Do  you   8oe  r'T/  undulations  of   ihr:  jDjround  even  b<;yond 
t'Mit  to  th'J  northeast? 

^.  Y(.3,   oir;   and  it   ia  a  little  more  than  a  mile,   aiinoat 
oat-a-Gornor  across  aeotion  4,   It  would  make    it  nearly  two 
oiilos. 

",   In  reference  to  this  Old   Sottl  rs  well,  on  \?^uch  aide  of 
that  ran;j»  of  hills  ia  it,   in  referonoo  to  the  momrains? 

A.   'Jl^?ll,   it  ia  froa  tim  northeast  cxtronity  of  thn     moun- 
tains,  it  is  about  a  quar'.or  of  a  iViiic  nd  a  quar  or 
of  a  mile  8o;;th, 

'•.   Ia  it  on  t  ic  south  side  of  this  range  of  hills? 

P^   It  is  south  and  9aMt\  about  half  a  mile  from  the  north- 
etist  point,  south  and  east, 

0.  But  it  ia  not  hotwe«n  this  ran^ro  of  hiila  and  tht;  hi;:h 
mountainfj,   is  it? 

A.  No,  air. 

Her©  tho  Hourt  i  akea  a  re  'Gas  until  two  o'clock  P.  M. 

-0- 

AFTEHNOON  SESSIOM:- 

J.  B.  FOX. 
J.  B.  FOX,  being  recallen  for  plaintiffs,     testified 
&8  follows: 

I)irc:;t  Kxaraination, 
Mr,     Britt:   o,     Mr.  Fox,  did  you  in  the  course  of  your 
explorations  in  tho  neip-h  orhood  of  Base  Lino,  and  on  the 
de    th  of   those  wclla,     the   ap [t^ aranco  of  wa'.e  •   in  th<    crck  on 
the  ea.t   side  of   the  mt*,  hill,  run  any  level  to  ascertain 
the  eiovation  of    tho  lar^  w^dla  which  you  call  no.  14,  and 
tho  first  Manifestation  of    ater  in  the  oreok  on  the  east 


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Z    "    H-' 

„  u*  ^ 

2   ■=   £ 

'.i  15 

a  <  uj 

-  fl, 

-    <J    3 

-  {fl 


1  aide  of  thtt  red  hill? 

2  A.  I  W!  uid  atat«  tnat  •■>.  Oousins  h-^'   •>•?)   level  of  th^ae 

3  pel  la  above  thoro  <m  thebig  well,  ..no     ■    rtun  the  l»jrel  from 

4  the  Rubio  w^ll,  where  he  had  a  station,  do^vn  trO  thw  miter 
wlKiro  the  spring  water  raisee. 

0,  Whsit  do  you  call  ai-rinj^  .  ^v^r? 

A.  Whero  tho  tfat.or  raisea  in  the  Oucan'Onga    croek  thatmakss 
thia  aprinf^,    ater  that  T  havo  \ucn  si«drinflj  about  nf^as-.rinp;. 

C.  Whic>'   aide  of   truj  rec*   niii? 

?.  Tho  oaat  aide  of  thu  biip;  red  hill, 

'\  You  founc;   tl  at  cr.  vat. ion  to  bo  hov'/  ri'ich—  Th?-  elov8.tion 
of  the  firat  a^  carance  of       '  (  r? 

•  .  I  foimd  the  aurfaoc  elevation  timre  to  be  1356,90. 
,   At  w.;at  ticae  din  you  r;ake   '.    at  ohsfirvat  ion? 

A.  On  IS&y  10th,  I  believR, 

16  ■'■.  'ff'Y'.-t  year? 

17  '.   l^^O?. 
IS       '.  T''«''     -h  t  I'OiiV.  did  you  Beicct  for  taking  th-    .  1  .va^icns 

19  in  the  we  11  no,   i4? 

20  '.   I  didn't  help  to  run  t^at  lovol.  ^,  Houaina  had  that 

21  levtl, 

22  0.  TVitn  ,ou  don't  know  what  it  ia? 

23  .*.  Only  aa  he  gore  it  t©  «••  He  jrhvo  tho  Icvol  at  tho  big 

24  well  on  thf;  surface  aa  1406.94, 

25  ?'r,  nhay..mn:   I  aK>vt  to  atriko  t' at  out  a:-.  incoru<tent, 

26  Tivo  "ourt:   Stricken  out. 

27  ^".  Have  vou    ot  thr  elevation  of  the  Rady  tunnel  at  ^hr 

28  point  Where  it  inter ao eta  wril  no.  14? 

29  A.   I  kno*ho..  deep  It  ia  down  from  tho  aurface.  It  ia  113 


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0,  What  ia  the  elevation  as  cooiared  with  the  elevation  of 
th<!  f  irst  a>-}Barance  of  water  in  the  Oucaraonp*  Orock,   if 
you  know? 

A.  It  is  loiror. 

",  Bo  you  know  ho     iinch' 

A,  38  foot, 

i^r,  nhapr-ttn:   0,   IBmt  ie  that  point  t^iat  ia  lower  than  the 
water  of  nucarrijn.^'t  Ore«k? 

ft,  7''here  the  caaing  ie  cut  off  in  the  well  at  the  head  of 
tho  I5adv  tunnfil  where  this  vater  has  he'*n  wastin/^  from. 

Mr.  Brit*-:  0,  Tlie  big  well  is  the  sanic  one  t  it  v  u  desig- 
nate  8or..oti'ac8  ao  no,   14? 

*vi  Yea,   Bir. 

Mr,  yox,  h?ive  rou  ever  noti^'^r  the  conduct  of  tho  water 
which  coraes  aown  the  Oucmrion-a  Canyon  and  tiienco  flows 
on  the  lurfaofi,  80ii»  of  it,  in  the  direction  of  the  Cuoajiun^ra 
S^rin{j;8? 

A,  Yfts,  eir;    I  ^-d  up  to  the  sprinra  after  every  flood. 

0,  Up  y.  ert? 

f.  To  the  8prin,^8.  This  ditch  Kiiuru   I  dug  and  built,  th. 
bulkhead  and  kept  'he  *ater  out  of    tho  ditch.   I  usually    x> 
up  several  tiroos  afi^r  a  flood,   since  I  have  hac*  ohargs 
of  the  wat^r, 

.  That  ia  close  to  t>tO  brick  hotel? 

.\.  Yes,  air;   junt  above  t^ere.  But  it  runs  rirht  up  to  the 
orenk  bed,   I  build  a  bulkhead  to  ko<.  p    ho  cnnik  out  of   it, 

C.  What  T  am  directing  your  attention  +o   is  the  v»ter  that 
oomes  dovm  froa  the  raount^iinB  in  theTucamon^m  ffreek,  and  its 


dl 


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(0  <  ul 

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^    O   3 

E"  16 


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boliaviour  after  reacMnfO;  the  foot  hilla  or  the  slopa  at  the 
foot  of  tho  Dountains,   in  its  nourse  thence  down  aa  ♦'ar  as 
tho  Baae  Lino  or,  w    will  eay,  the  Oucanomra  aprineTS, 

A.  Yea,   sir, 

0,  Have  you  be<}nu{)  there  frequently? 

A,  YoD,  sir.  When  thor't  ia  a  big  ficoci  it  paBsea  by  tMc 
Cucaimon,<-a  Sprinf^  and  under  the  bridgp  and  across  tho  San 
P«riRrriino  road, 

0.  Suppose  it  ia  not  a  big  flood? 

A,  For  a  short  ticw  there  is  a  bip;  head  of  water,  but  it 
atopB  very   suddenly. 

0.  Where  does  it  atop? 

A,  Usually  stops  between  Base  Line  and  the  mouth  of  the 
canyon  pro}«r, 

Q,  W-^ist  sort  of  laio   ia  t'nat  l^et  ssee.n  the  Baae  Line  end  the 
mouth  of  the  canyon  proper? 

A.   It  ia  nothinf^  but  a  gravel  and  boulder  bed  as  docp  as  the 
drill  biR  ever  bfion  put  down,   as  ^ m-     a  a' yonc  knows, 

0,  I  don*t  kno^v  'v-ethftr  you  sent  down  any  drill  or  not,  I 
had  reference  to  its  a}    oararic(    on  the  aurfaco.  If  you  have 
drilled  below  the  surface  and  know  anything  t' at  you  can 
testify,  let  us  have   it, 

A.  I  have  seen  whore  wells  have  bft^n  dug  and  drilltd  and 
I  knot?  tho  mater iail  that  cacie  out  of  it. 

The  -'ourt:  Has  the  testiiuony  in  th^cPhorson  case  ben 
atipulatof'   in? 

Mr,  Britt:   It  hac  not  bef^n  as  yet, 

C,  This  ^ccrnon/2;a  flretik  t;  at  you  Sj^oak  of  aiongaide  of  tho 
rod  hiil,  state  w^^ether  or  not     'fit  is  continuous  with  the 


.70 


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(7ucamon;-.a  oaiT'on  in  the  moun  aine—  a  continuoue  wash'' 
h.  Ye 8,    sir;   continuous, 

0,  Have  you  ohoervf'd  dirring  your  rosidenoc  tv-ore ,  which  ia 
I  think  sinco  1903,     whether  ofc  not  every  season,  unless  it 
be  1903**4,  #iidiwa8  a  dry  year,—  v  eth^  r  the     ater  cams 
down  that  wash  as  far  -iB  the  sprinpjB  on  thr-  surf rc;o  in 
■eaaons  of  conaiderabLo  rainfall? 

A,  For  the  last  three  year  a  thero  hblb  big  volumes  of      ter 
ca."B  down  and  passed  the  8irinp;<fl, 

Mr.  Haskell:   '^.  I  undrratcod  you  to  a  -    that  you  ran  a 
levol  from  the  Rubio  well  to  *he  point  in  th,  crci  k  bed  wycre 
the  fucarnoni^  8prinp;8  mr  water  f  irr:t  risos.   Is  that  correct' 

A,  Yes,  sir. 

^«  You  assmricd  then  t'  at  Uie  Rubio  well  had  a  certain 
olovation,  did  you  not? 

1.  Yea,  sir. 

0.  What  miB  the  e  ovation  at  the  Rubio  well  that  you  aa- 
Bumed? 

A.  1460.61. 

!Ar.  Britt:   0.  Inches  or  feot? 

A.  Feet.  1460,61  feet, 

(Trras  Kxamination. 

Mr,  Ghapraan.  ,  Returning  to  the  flo'«-  of  waters  durin(^  the 
lasjt  three  seasons,  you  aay  it  flows  a  large  atream  down  to 
the  Hucacon.-a  Sjrin(.^8? 

K  Yes,  sir]   larr;o  bodies  of  water  pass  th<;  sirinfra, 

Q.   Ar)d  for  v  at  length  of  time   in  the  aeaaon'' 

A,  Weil,  those  big  heads  of  »vater  would  nin  anyv^herea  from 
one  day  to  a  we«k  or  two. 


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C.  How  l&te   in  tho  Be  aeon? 

A.  Once  in  a  while  y.'e     aeo  the  irater  in     April,     but  usually 
most  of   it  in  March,  Thr^rt:  ia  no  water  passes  af'^r  April, 

0,  Is  ti  ...t  iM<5  result  of  the  rainfall  in  the  raountainB? 

A.  Yea,   Eir. 

0,  In  Uikine;  these  levels  th?  t  :  ou  a|Cf»k  of  with  I'r. 
HousinB,  what  ,art  die  you  take  in  tho  ^yC  f onaance ? 

K  I  vent  ahead.  and*«>  I  aupjjose  X  was  vhat  was  a  fla^^ian.  I 
would  raise  tho  {9LUge  or  lowRr  it  as  ho  instructed.  Of 
courec,  I  aooietod    r,  nousino, 

0»   Wiiat  is  your  occupation,     r.  Fox? 

K  Rancher  a>>d  oran^^  grower, 

0,  Have  you  ever  betsn  employed  hofore   in  tr.kinf;  levels  at 
all? 

A,  Y«8,  air,  I  have  had  eome  uxpericnoo  in  t*-at  work, 

0.  I'.tai? 

A,  In  Yon t lira    county. 

0,  #at  j.ort  did  jou  take  in  ti  at? 

* ,  I  h?^c  aaaiated  difTertnt  Burveyors  in  running  a  rpod 
Diary  milcp*  of  m^<pn  road  grixiea, 

Q,  Wiixt  aasietance  diti  you  give? 

A.  In  differsvnt  ways, 

O4  Did  you  ever  tako  i^hc  levtil  yourself? 

^*  Y«s,   sir, 

%  With  w  at? 

A.  With  difforcnt  kinds  of  instni-  erts, 

•".  Can  you  nacie  soioe  of  them? 

A,  Well,  tin.  compaae,  and  I  have  uaed  other  inntruiamti 
t'vit  mve  not  iher  gular  eurvryore'   inatniMntB,  I  hasre  used 


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surveyor's   : 

Lnstrui  ents  some* 

0. 

What  surveyor's  instrurio'  t  did  you  use  ? 

A. 

A  regular  surveyor's  compass .  I  don»t  know  what  >,ou  cjall 

it. 

0. 

Don't  you  know  the  nacie  of  it? 

A. 

No,   Rir. 

> 

c. 

How  (id 

it  wt.rk? 

A. 

Tho  saiiC 

1   instruient  tliat   the  Cteunty  Surveyors  use, 

.  I 

have  asaieted  \>ho  (^ou.ty   Surveyor  a  gQod     any  time  a. 

* 

In  «r  a.t 

L^thod  did  you  take  a  level  with  one  of  those 

car.uj 

[jassea? 

\ 

You  set 

the  instniT.ent  and  ,'-et  your  level,  and  then  you 

take  your  level  to  any  point  that  jX)U  'want  to  take,  or  if 

you 

want  to 

rim  on  certain  grades  you  set  your  instrument 

on  ^ 

fif'  atevor 

grade  you  want  to  run  on.  It  depends  on  w 

at 

grade  you  nmt  to  run  on. 

n 

How  did 

you  take  your  levels? 

.".• 

I  had  a 

fXS^duatod  staff  vrith  a  tar^^t  on  it,  and  : 

'ou  set 

ti'iiat  tarrct 

and  fror/i  your  instru^ient  you  level  with  t- 

at  fAT" 

^t 

at  tho  slartinf?;  point,  and  take  your  levels  up  or 

down. 

eit 

ler  way. 

4 

You       S'Sy 

you  asBuioed  what  clovationi>  at  '-h    Ruble  •. 

vai? 

A. 

1^160.61 

feet. 

0. 

Was  that   ihu  surface  of  '^^ht  ^^-ound? 

A. 

The  top 

of  'he  cTurbing.  The  Lop  of  uho  platforci  that 

the 

derrick 

sets  on. 

Q. 

Why  did 

you  as6ur;0  it? 

A. 

Because 

f'r.  Cousins  hati  run  a  level  at  t'rrit  point 

before 

froiri  othor  ] 

^.ointc,   in  ciaking  other  surveys. 

-■J  '  t 


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1  Q,    kv.-  told  you  t  at  t>iat  aas  the  olevation? 

2  A,  Yob,  sir, 

3  0.   A.nd  that  is  all  you  kno  ■  about  it,? 

4  K.  YeB,  air. 
C,  You  say  you  ran  a  lovtil  to  the  wa  ore  of  fhicamon^a 

S; -rings? 

A.  Yes,  oir. 

Q.  %nr  was  that  level  taken? 

A.  I  cirri*; d  the  fla^  or  staff  and  went  ahead  and  aot  it 
as  yr,  Dousins  would  want  it,  8.nd  he  would  f^  beyond  mo  and 
h©  would  tako  the  level  back  and  forth  till  we  got  the  fall 
from  the  Rub  o  woll  whare   the  w{:.ter  rooo, 

Q.  How  did  ho  take  the  level? 

A,.  With  the  instrument     hat  he  aurveya  with, 

'".  Do  you  know  xhv,  i\bim  of  ihe  instruf^ient? 

16  A,  I  don't  knov-f   rhat  you  a^dl  it, 

17  0.   What  did  you  say  the  differ--; iftoo     in  elevation  bctweta 

18  the  two  points  '.vac,  betv*i;in   f.nc  Rubio  well  ar.d  thf:     nucamongpi 

19  Ririnj-a? 

20  A.   I  didn  't  say, 

21  '^,  Did  you  know  anything  B.hout    tho  •    evatccn  or  cUferf  ncc 

22  in  elevation  except  what  ^r.  Cousins  told  you? 

23  '.  No,  Bir;   ail  I  know  about  it  «as  tho  level  that  v)t  ran, 

24  ^.   I  undorstood  you  to  say  that  the  differcnoti   in  eitvation 
of  tJie^c  ajTon.'^a  S  rin^^s  and   woll  no.  14  was  36  feot? 

26  w  Yoo,   £iir. 

27  *"'•  How  did  you  know  that  the      ujvation  of  cither  place  was? 

28  *.  I  only  kno  '  from  Wf«at   I  have  been  told  in  well  no,  1  ^ , 

29  That  elevation  was  gi^'on  to  dw,  I  aa    those  f  i|p;ure8  cornparcd 


K 


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with^'r.  Tft'if'ht.  Mr.  Wrirtit  arrJ  'Y,  Coueina  compared  fii^rea 
on  that  and  J'r,  nouaiiiB  had  that  Rubio  Aell  ae  a  at  a*  ting 
point. 

^.  T>ie  figiiniB  themaelvea  you  b-iv©  jc^t  ontiroly  from  what 
Mr,  Houains  told  you? 

'',  Yea,  air. 

0,  Bid  you  know  at  v?-  at  point  on  the  ire  11  no,  14  the  cor;}«.ri' 
aon  war.  nodei  of  the  :  lovation  of    h^  riucaiiionf^  Springe 

A.  The  bottwB  part,  113  fe«t  from  the   aurf aoe ,   is  t,l  e  point 
he  mado  ^he   compariaon  at. 

^,  ia  The  baaia  of  ^'^^^it  cot.i  ariaon,  the  data  from  whioh  it 
mkis  Rjade,  you  derivod  entirely  fron  hearsay? 

».,  Yea,  air;   as  far  aa  ^fr  11  no,  14  and  the  Rubio  v.cll  ia 
concerned  ia  jvst  fro  r,i    hoaraay, 

■',  Did  you  knov.  a^ivthing  mor'    abo?  t  Uic  elevation  at  the 
Oucttinon.  a  Springs  than  w}  at  iaa  told  you? 

K   I  dic'iH  know  any  irjore  about  it  than  the  ate?- ting  point. 
I  hel|,f!d  run  the  line  dovn  there  and  helped  run  the   level 
to   the  aprinfjs, 

^,  But  r,he  lovf'la  the-aelvoa  ware  taken  by    'r.  nouaina' 

A.  Yea,  air. 

0,    And  the  result  announ  f,d  to  you  by  him? 

^.  Y^«,    p'.r;    and  wc  looked  ovor  t  Ho  j^iguroa  tor-ct'-er, 

Mr.  "hav   an:   I  ciove  to  strike  out  'he  evidence  of  thia  r/it- 
neas  aa  to  Icvcla  and  comparative  eUvationo  between  the 
■lubio  well  R.nd  +he  Hucamon^a  Sirinfii,  and  thfi  Rubio  well 
irid  well  no,  14  and  the  Oucamon^-ia  Springs  «nd  well  no,  14,  on 
the  rroiind  that  it  ia  hearaay  and  incompetent, 

Mr.  Britt:  We  will  not  rea'  at  the  motion. 


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The  Court:  Let  it  be  stricVen  out. 

Q,  At  the  point  whert  the  ^/aters  cominp-  from  the  rucaj  onf^a  f? 
Hajron 
JUrtwat  disapjflar  on  tho  surface,     about  how  far  above  t,he 

Baao  T.ine  las  it  to  w>!ore  t  ey  disapi-eared? 

■  ,  That  ricionda  entirely  on  the  volume  of  water  there  is 
coning  down  Vw  nucamong    C  inyon, 

Q.  Bid  }'ou  observe   it  laiit  year? 

A,  No,  0  r;    I  d  di*t  ,;-p  up—  Yes,   I  observed   it  1  st  year, 

C.   kid  at  what  time  in  the  year  did   it  disai^.ear? 

A.   I  don»t  tl^>dnk  there   is  any  crossed  the  Base  Line  after 

C,   And  how  far  above  the  Base  Line  was  it  dry  in  July,  1907? 

A.   I  di(h*t  f!^  up  the  wash  in  July  190V. 

0,  rid  you  in  June? 

*.  No,  Bir. 

C.   In  May? 

A.  No,  sir. 

0.  How  fiia  y  observations  did  you  make  in  the  year  1906? 

h,  I  wish  to  corre^^t  tmt  a  little  bit  by  saying  that  in 
IJay  and  June  I  wm  above  tho  Base  Line,  butonly  for  a  few 
hundred  yards;  a  short  ways  above, 

,  Not  up  BO  far  as  tJie  dry  l^aid  extends? 

A.  !lo,  sir, 
.  In  1906  how  was  it? 

A.  In  1906  I  was  up  Aove  Base  Line  a  mile  ard  a  half ,   I 
guoGB,  before  I  c  v>     .o    "pQ^er  in  June. 

'\  Ana  in  1905  how  was  it? 

♦.   I  WHB  above   the  Ba:;e  Line  considerable  wayi,  but  I 
wasn't  up  as  far  as  the  water. 


cj 


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0.  Were  you  in  1904? 

A#  No,  sir. 

0.  Aod  in  1903? 

A,  In  1904  I  WS.8  up  and   aaw  the  v.^.ter  running  at  the  inouth 
of  thfl  canyon  out  into  the  flat,  out  of  t.ho  mouth  of  the 
oanyon,  but  I  don't  know  at  w  8*.   ]..oint  i<-  sunk. 

C,  How  far  ia  t  ut  above  the     Base  Tine  at  the  roouth  of  the 
canyon? 

A.  It  io  between  throo  arti  four  miles. 

Q.  In  190b  how  far  above  Bnse  Tine  /ere  you  in  tho  auovaer 
season? 

A,   I  was   a  ;  iile   ar^d  a  half  ^bove.   P-iue  T.ine« 

^.  No  f anther? 

A,  I  don't  i.bink  so. 

Q,  No  wat^r  tiiore' 

kt  No,   air, 

Q.  Do  you  re  o.'iibor  how  far  ifcatcr  flowod  dt   n—  Do  ;, ou 
rorae  her  ^  ethor  tht;  water  flowed  do*n  ae  far  as  the 
Sprinf^a  at  any  tioe  in  the  year  1904? 

Mr.  Waters:  You  iwiiii  the  aurfaoo  atream  from  the  mountains? 

Q  •  Yoa,  sir. 

A.   If   it  Oio    I  ri  Gij't   so*;   it. 

'^.  Did  you  in  r;y05? 

A,  Yes,  sir. 

0.  How  lato  An  the  SfMnson  vaa  thtj  lattst? 

*.   About  A.ril. 

'^.  How  lon^-;  a  lime  did   it  flow? 

A.  The  first  time  it  cauio  down  there  waa  tiie  12th  of  li^rch, 
and  it  ran  for  several  days.  At   .ho   time  wo  hai   the  big 


t  '-  *- 

£  K  IT 

S  o  5 

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n  <  ui 

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flood  it  ran  a  oouple  of  weoka,  i.-OBBibly.   ^nd  after  ti  fit 
uhon  thf?  rain  and   'mter  would  com©  down  thtro  inir.ht  be  a 
bi^  Btrotom  running  thcro  of  Tmr  or  five  huno'rrd  incneB  or 
tc&y  bo  a  thousand  increB,  imci   it  would  all  stop  at  once.   At  t 
the  tine  theSari  Antonio  joople  were  turning  the  wat  r  up  above 

thore  at  the  aouUi  of  Uie  canyon  hml  turning  it  to   the   Bouth- 
west,   I  h'lve  been  up  there  and  there  would  bo  a  big  volume 
of  water,  und   in  a  fev   hours  there  wouldn't  be  a  bit  of 
water.   It  depends  on  when  t;  fjy   turjicd   it  out,  how   lon^  ii. 
wouJd    run.   It  ^'ould  run  all  ihe  time  if  it  w^rsn't  divrTted. 

0,   Did  1.  ou  a:.H  thorn  divert  it? 

A,  No,   air, 

0,  When  it  wa    floAing  four-  or  five  h  ndn;d  or  a  thousand 
incheo  after  a  rain  did  you  folio     it  up  to  a- e  whether  it 
can»  dcv.Ti  frow  the  Gucaraon/::a  Canyon  or  whether     it  '«a8  a  col- 
lection of  surface  ?yator  thp.t  fell  on  the  plains? 

,*«  I  did  not,  because  I  knov;  the  condition  of  the  ground  and 
tho  lay  of  the  land  well  anoufrh  to  know  that  it  carxj  from  th(. 
moun'i-aina, 

0.   rid  I'ou   »3o  the  water  accucriulatir^.g  in  that  '^ucamonga 
Oreek   ,0    ho  Springs,  that  it  titi  oaoxs  from  tho  surface  ct 
in  tho  im!;£diate  vicinity  and  not  from  the  raountainx  canyon? 

^m  No  other  lime  ti  an  just  d'lrin^:;  a  big  storm. 

^',   Wasn.t  Li.at  the  case  w  tii  this  500  or  lOOO  inchoB  of 
water  flowing  down  thore   in  A,  ril,  and  irnrned  lately  after  the 
storm  wasn't   tnat  Uie  acuuxiiulation  of  the  surface  water  in 
the  vicinity  ai  well  as  the  water  from  the  Cuoamon^^a  Canyon? 

\   No,  Qir^    it  was  not.  Because  all  uhe  water  that  would 
acouTdulate  there  would  run  off  in  a  few  hours;  and  I  h  ve 


!-<*». 


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8ocn  this  water  run  several  days,. 

C' .  It  didn't  run   several  days  in  A}Til,   I  underataid? 

K,  I  think  it  did,  Thty  had  aaie   ..rotty  big  raina  in  Mar-h 
and  April  three  yoars  a^^. 

0.  That  was  1905.  How  wafa  v.   m  1906? 

.'.    It  'Willi  i-r.  Lty  .-:i  ch  'he   aauje.  There    fubn't  UiUch  di     urc-o'. , 

^  .    And   in  1907? 

A.  T)iG   rains  vyero  p-aotically  the   naxai\  not  very  inuch  dif- 
ference, 

r,  V/as  the  flew  of   'iie  water  the  aame? 

A,  Yes,   sir;   tbro  wasn't  lauch  dif^en  !x;e.  It  war  pretty 
much  the  aarnc   in  all  throe  of  those  years, 

0.  How  late   in  the   aeason  of  1907  did  vou   a^f;  thcwater 
f  lo.p  down  to  Oucamonra  '^reek? 

'',   I  think  it  vf).:h  about  ?cl  ruary.  Wo  tdcin*t  have   tj-ring 
raina  last  Si-ring. 

\  np»n  ycu  locate  on  ohis  rnap  whe^ro  that  Old   Stittler's 
well  is? 

A,   I  c?in  do  it  better  on  a  raap  th&t  I  had  laade  of  thia 
businuaa,  Wtj  filed  it  h^re  w  th  thoTcirt. 

0,  Can  you  locate    it  on  plai' ti^'fs*  exhibit  1? 

Mr,  Britt:   la  this  th<)  rrAp  you  ref c  nc  to' 

'•.   It  io  tht;  raap  th  t  Oouaira  made,  Thia  is   section  o  here, 
and  licrt    is    -'.e  Old  Sottlcra*  well.   It  is  pretty  near  tho 
northeast  co  ner  of  section  5, 

0,   la  it  raarked'Old   nettlera*  Well"? 

*.  Yco,  sir,     (On  Exhibit  8.) 

^,    k\d  the  place  raarked"01d  Setil-  ra  Well  near  the  northeaat 

corner  of  aoction  3  is  tht.  well  which  you  hare  referred  to 
-jjX4/-ajxr--tnBtijnony?  A,  Yob,   air, — 


III 

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W.  T.  LKVKK. 
W,  T.  LK]<yE,  hereto  fore  aworn   anc   exac:incc',  being 
recalled  by  plaint  if  'a,  tefitified  as  followB: 

Mr.  Waters :  ^,     You  have  already  teutificd  aa  to  your 
official  ca^ac'.ty  with  the  dcfe>;d8rt, 

f*  YeB,  sir, 
.  You  are  proaidont  of  the  dcfondjjnt,   I  believe' 

A.  YeR,    air, 

<^,  H- ve  vou  a»  preaid;nt  any  control  or  poaneaaion     of 
any  re  porta,  docu  onta,  hooka  or  paiiera,  or  anv  thing  in 
writing  bolon^ung  to  the  ceferidfint,  which  will  a  how  xhv.  aii'ount 
of  water  die  char' -ed  from  the  Fady  tumjel   in  t)(C  year  190? 

<*.    I  r.hink  wo  hmv.   auch  a  record, 

0.  ^^heiro  is  il? 

\  I  think  it  is  in  the  of  ice  of     ho  company . 

0,   In        it  ahape   ia   it?  In  a  book  or    i  lot  of  looae   ahocts 
of  paper** 

^.»  It  is   in   the  form  of  cnfi;inct;r»8  roporta—  looac   aiof  ta. 

0.  What  en^^necr? 

^ .  >«r.  Trask, 

0.   And   is  it  iiyde  by  him  or  rarely  r'lturnod  to  him  by  other 
employe  a  of  the  dofe     ant? 

.V,  Marie   !-y  hini, 

n.     And   13  it  made  fro.n  original   inveatifrations  or  obsorTa- 
tions     of  hia  ovti,  or  ia  it  made   'rora  rrporta  recoived  from 
othor  einployoa  of  the  company? 

K  Made  f  ror..  hia  own  ori/';inal  roportt, 

^•,  From  hi  3  o  n  obaervationa? 

A,  Yea,  air. 


.^80. 


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0.  Have  you  in  adc'ition  to  ihoBfi  rej-orts  anj'  reportB  of 
p^to  kfj   p-r»  or  zanjeros  or  other  o.ployes,  ahuwinfr  the  aciount 
of  water  cor  in/y  from  f  rX  Bource,   in  the  year  1907? 

A,  The  zanjcro  hat.  f  ilr  d  no  report  in  the  office.  I  pre- 
81X30  he  ha&  a  memoranduiri. 

0,  Is  h«  required  ^a3  kof>p  a  book  of  any  sort  ehowin^    thi 
output  of  t  ut  tuafTol? 

K,  No;   he  ifl  not  required   to  kcop  a  book, 

0.   -'0  vou  know  woth'r  ho  ^nr  kept  auch  tt  b  ok  or  not? 

' .   I  am  confident  he  was  a  a»  orandum*   I  don't  kno     how' 
extensive  it  is.  I  havo  instructed  him  to  keop  a  i  eracranda';. 
of  tho  CO  ditiona  there, 

0.  knt.   '.ivt    -ou  aeon  the  book? 

s  ,  No,  sir, 

^\  You  don't  kno.v  "hether  ho   haa  obeyed  your  instructions 
or  not? 

A.  No,  sir, 

0,  Has  any  auch  beok  been  returned  into  the  office   th -t  you 
know  of? 

*,  No,    air, 

0.  Do  you  know  vhot'ier  or  not  it  has  boen  handed  in  to  the 
se  retary  or   clerk? 

A.  I  no  of  no  auch  action  being  reported  to  me, 

0.  Thon  Tou  don»t  know  whether  it  has  be   n  turned  into  the 
secretary  or  not? 

^ .  No,   air;    I  do  not. 

0.  You  have  a  place  into  which  to  turn  such  thin^^s —  an 
office,  with  a  secrei-ary  or  cl^rk? 

*■,  Yea,   air. 


88' 


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0.  And  he  keopa  the  archives  of  the  conjariy? 
A.  ynti,    air, 

^,  W  at  iB  hia  ntme? 
'.  J*  N.  H-rtley, 
C.  Whoro? 
A.  Ontario. 
Q.  Whcrt;   ia  the  office  ke^^t? 

1,  Ontario, 

0.   Ib  there  kept  or  vaa  thore  kept  in  tb    yetir  1907  a  record 
of  the  water  tupplied  from  the  Sady  tunnel,  and  to  i^ora? 
In  other  worde,   ahov-ing  w^  at  diBjOuition  waa  made  of  the 
water  whchoat-O  out  of  the  Eady  tunr»l? 

*.   Only  in  a  general    /^y.  The  nu'or  from  the  Kady  tun  ol 
mingle  6  v/ith  thf-  water  a  of  our  jvjen  ral   r/atcm.  Under  the  con- 
ditions it  iB  practically  impoebiblc  to  asoartein  jwet  w' ere 
that  waUr  gooa,  except  it  ^ea  into  a  conduit  of  our  oou- 
pany  at  Ontar-io,  or  the  colony  of  Ontario, 

0,  Ifcia  the   aai./e  ij-iathod  be  n  adopted  with  reference  to  keep- 
ing recorda  of  tho  aiiount  of  Uic:  product  of  tha  Rady  tun'iel 
water  on  the  year  1906  aa  it  waa  in  1907? 
'^an  we  find  t^v^t  in  the  aaosa  way  aa  you  hare   indicated  t>Tat 
i     was  in  th*'  4thor  year? 
^  Yea,  air, 

C.  In  the  aju*  .vay? 

A.  Y«8,  air, 

0,  How  aa  to  the  yejir  1906? 

J/:r,  0>iapf.<an:  T  lat  ia  what  he  juat  caid, 

Q.  How  about  1905? 

^.  I  aui  not  Bure  about  t>at« 


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0.  Did  you  h  vb  a  f  ire  at  some  time? 

^  Wo  h'tJ  a  firo   in   V^e  office,   I  think  it  Tvas  in  Vr.n  winter 
or  8>ring  of  1V06.  I  know  we  lost  t  ^  od  n&ny  valuable  pa^  vra 
at  t;  at  tia® ,  &rd  I  fu    not  sure  about  th«  roporta  from  ttmt 
Kady  tunnol  und  from  t  -it  tine  b- dc, 

'^ .  Biit  from  t  at  tire  down  you  have  had  no  fire  and  con- 
aeque::tly  you  have  them? 

A.   I  presu!.«  t>  oy  are  in  the  ©""fioo. 

'^.  Kov     'U.'!  r'^ff^r^^'~(y:  to  *  ho  divorsion  of  the.  flood     ater 
of  fhica.  ori^sa  Giiriyon  streaj^a  aa  diatinpiiiahed  from  my  other 
atreara,     do  you  knov»  .heai  if  ever  your  comj^iny  in  any  wiao 
construe ttid  any  levcca,  ditches,  cuts,  or  dama,  up  toward 
the  mouth  of  the  '\ica:vion^^  Clanyon,  which  h\6  the  result  or 
effect  to  divert  the  flood  water  of  the  ^ca-'onf^  Hftnyon  in  a 
Chanel  df^'orent  from  that  which  it  woulr!  naturally  flow  in? 

'.   I  v.Tv.nt  to  ans  or  that  correctly,   arid  to  do  ao   I  r.itiot  say 
t';at  from  the  mouth  of  thf;  canyon  thfrc   ere   sevf  -al  chsjinela; 
and  riurin;^  and  af  er  floods,  or  during  a  fl'  od,  aometirpea  a 
little  drift  wood  oucurs  and  the  waters  on    he  debris  cone 
of  the  canyon  in  which  the  '\icar)on/.>  atream  runs —  so  otin-ca 
it  runs  naturally  in  one  chanfcl  and   soirxjti^f.'s  naturally 
in  'ho  other,  and  it  sprcuds  over  the  cone.,  aa  nearly  all 
nourte.in  atreama  do, 

Q,    Ail  rlr'ht,  T    ^  7'"  r'^iornize   as  a  fact,  Nov7thcnj  what  I 
im  tryin,-;  to     -et  at  f.OL':  ycu  is   .v  •  u.rr     your  ca--ij.uny  has 
interfered  with  t   at  atate  of  nature  by  artificial  work. 
In  other  words,     did  •■  ou  do  anything  to  ho.^  divert  it  over 
your  vruy  over  th    ci  i.ria  cone,  or  did  vou  let  it  run? 

A,  We  haven't  diverted  it  for  'ho       purpoae  of  running  it 


*2i 


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©▼or  our  way.  We  havo  eirply  aaaisUd  nature  in  aprcactjng 

that  waatfc   sator  over  tho  debris  cono  thA  it,  mi -lit  sink  into 
thci  gravels  of  triut  debrie  cono  ani    au^T^^nt  and  inoreaao  the 
undhrgrou  d  Viiiters  belo*  t'na  '\icacaoni5^  Canj'&n. 

Q,  No#<  then,  can  you  V  li  ub  ..  •  re  you  hare  put  ary  obstruc- 
tion in  any  of  thoet.  old  -iaterways,  or  new  onco,  to  divert 
that  flood    ~aier  to  Vuc.   t;H.8tcrly  Bine  of   V^  •  deh^-iB  cone  a? 

A.  Tn«i  wuii-«rucuion3  aria  da'.s   t.'uit  you  .iuV'-  re.  wi  rc-d   uo  are 
siiaply  temporary  affairs,  and  can  hfirdly  be  called  daos,  from 
tho  fact  t  at  wo  hare  sent  our  rjen  up  there  aftf^r  a  flood 
and  have  instructed  Vmm  to  spread  the  waters  of  any  lar^.^r 
stream  in  either  direction,  either  east  or  .vest,  wherever 
they  can   apreaf*   it  out,   so  thi-t  tl-ie  v/at  rs  would  not  waste 
down  tovmrds  the  Santa  Ana  river  but  be  retained   in  the  gravel 
beds  ir?Modiately  about  the  mouth  of  tho  canyon, 

0,   I  will  put   tJicquestion  ri  ht  straight  at  you;  Have  you  not 
given  the  orders  to  turn  the  -'a  ers  to  +.^*-  wsEterly  side  of 
tho  debris  cono   instead  of  having  your  ::»n  ^  up  ti;ere  under 
orders  to  a^rcad  it  out  irrespective  of  which  sidft? 

A,  Ho,  sir;   I  don't  kno"  of  any  a  ch  thin/^.  It  is  a  fact 
that  «  hare   no  <;r  paiii   .  tention  as  to  the  divernion  to 

the  oaat  or  to  the  west,  except  to  divert  it  from  the  largpr 
channels  so  t/iat  it  mi/'ht  bo  sprr-ad  o  t  over  the?  debris 
cone.   It      iS  not  been  tiij  custom  of  our  coi.jany  '.o  turn  it 
entirely  to  tho  west  or  the  eust,  but.  simply  to  spread   it,  and 
tViat  is  t}if;  orders  I  hive  given  our  euploycs.  This  question 
of   8|. reading  it  '-o  the  west  is  a  nov.  ono   to  r.jo, 
.  Have  you  ever  been  up  there? 

A,   k  j?pod  neny  times. 

'  .  Have  ;,ou  been  thrro   siioe  thia  turning  was  dono? 


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A,  I  hmo  asoisted  in  turning  it  myself, 

Q.  I  m'-i  aaldn^r,  you  t,o  nane  one  plaoe  w  «r»  you  over  turned 
it  to  the  eaat, 

A*  I  have  nyself  aGoisted  in  di  :^ng  a  ohannel  to  some  ox- 
tent  where  it  turned  to  the  eafit. 

C".  Have     t  you    ot  a  achodule  of  w  at  you  h  vo  done  in  your 
office?  H  iven't  you  a  map  of  w  at  you  riid? 

A,  No,  sir;  our  instructiona  have  been  to  our  uen  to  8i>read 
the  water  so  t-  at  it  s&y  enter  the  fgravol,   irreapcctiTe 
of  thn   Btroanis  running  to  the  eaet  or  we  it. 

Q,   It   &•.    u  to  rat  fat  tnat  is  three  tirav-o  you  have     aid 
t>Kt,  I  arr)  w^illinf;  to  paBB  it  now.  What  ia  the  timtt  -^'on  you 
first  be/'an  that  ,?ork?  Fix  the  date?  What  fnonth  or  year,  aa 
near  as  you  can? 

A,  The     ork  vme  inau;3:urated  practically  in  1903—  in  *,  e 
fall  of  1902  md  winter  of  1903,  and  orcera  were  given  at  that 
tlrsR,  as  well   aa  I  ren;0'rber,  to  divert  luch  fl  od  watera  aa 
mit-^t  he  ruming  in  the     charuicl,  ndiich  v/ould  extend  to  some 
©xtont  down  tho  valley  to  tho  rivnr,  to  retain  auch  wat-rt 
upon  tho  fsravela.  But  whether  we  actually  did  any  lork  of 
any  sniount  thet  year,  I  can't  at^ite.  I  would  hare  to  refer  to 
tho  rainfall,  because  it  waa  in  the  yeara  of  heavy  rainfall  that 
tho    work  waa  practicable, 

0.  Can  you  nane  a  year  when  you  first  did  any  considerable 
extent  of  t  at  wjrk? 

K,   I  would  have  to  i^for  to  the  card  of  '.■lo  rainfall  to 
give  you  an  intellirjcnt  ana»  er  on  that  Bubj«ct, 

0.   If  we  aasuffie  t  at  1V05  waa  the  moat  pronounoed  year  or 
most  pronounced  irainfall  aft^^r  Uvi  dry  year*-*  oomporatiwely 
ofy 'yrT'lrs —  that  would  ]^.  t^r-  ens 


-0—   V^ 


rt"t  v-ear 


^^^ 


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you  didbojB;in,  irrf;»pective  of  v  at  yoar  it  wao,  the  y( 
yoii  did  l>ef^in,  how  much  of  tmt  work  did  you  do? 

A.  I  c«iH  8t  te  froia  nitaaory  how  nuch  wri  did.  I  know  what 
oi)A  ini>ention  was. 

Q,  I  would  really  rath«r  hm*  wf.at  you  did,  ov«n  'f  it  is 
▼a^mo,  than  yoiir  intention,  however  definite  t^'cy  may  h«re 
been* 

*,  We  looked  aftrr  th«  waste  *'nit«r  and  distributed  it  over 
the  /J^'avel  beds  and  throufrh  the  innumerable  channels  that 
radiate   in  diffor«nt  directions  from  that  debris  cone. 

The  Co.-rt:  What  %mB  i.hc  theory  or  pur}.o8o  oft'  at? 

A.  In  order  to  au/Tnent  the  ur;dorf;;round  rcacrvoire, 

\  T  ftt  was  your  only  pfUTj^^ose, —  to  kc   }>  ii  :  von.  running 
off? 

A.  YoB;   that  ma  the  only  purpose, 

Mr,  W;;ter8:  0.  You  didn't  divert  it  for  i..j..ediate  use? 

A.  No,   sir. 

0.  But  only  for  the  ptir^ose  of  sinking  into  the  ^ound? 

A.  Yes,   sir, 

(\   And  keeping  it  from  running  away  entirely? 

A.  Thiit  is  ri^^t. 

Q,  The  first  year  you  did  any  considerable  amount  of  that 
work  did  you  seo  any  of  it  done  yourself? 

A.  Yo3,  airj    I  waa    here  myself  in  dif ""orent  times  in  differ- 
ent years. 

Q,   'ttll  you  pleace  describe  the  eoctent  of  t  :  t  «ork  thu  first 
year,  about  how  :/iany  trenchns  and  w-iat  len^h  and  what  direc- 
tion th9.y  look? 

A,  Thort;  weru  vory  few  tx*cnchc8  rasdt;.  The  idea  was  to  just 


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^'■^'■^ 

dietribata  the  wai:«r  and  disturb  the  bofiks  in  luoh  a  wagf 
t'Eut  tho  water  would  spread  from  tho  oha.nnel8  t  at  we  vt 
running, 

0.   As  a  laattor  of  faot  isn't  this  the  caM:  That  on  that 
debris  cx)ne  ycu  would  find  certain  irre/rular  natural  depr  s- 
8 ion 8  extending  Xfi  tk«  aJunuDOc  from  up  stream  towards  down 
straam  in  varyinf^  directions,  and  you  •>  ul  d  find  a  body  of 
water  in  ono  of  these  and  you  would  try  to  split  it.  up  into 
soiae  of  these  ether  ditches  or  washes,  and  utilized  the  washes 
upon  the  /round  Instead  of  difr^ing  trenches? 

A.  Juiit  80.  Tliey  all  trand*^  in  a  southorly  direction  and 
we  tried  to  spread  them. 

0.  They  usually  vibnt  down  hill,  didn't  t'oy? 

*.  Yes,  sir. 

0.  How  would  you  divert  th«  water?  By  throwing  in  a  dam  of 
stone? 

A.  By  sorbet imes  di;-^';ing  a  little  tronch  for  a  few  feet,  and 
SOf.ietimea  by  arranp^ing  a  few  rooks  so  thiat  it  mif^it  syill 
over  a  little  into  the  other  ohan  ols. 

^.  You  would  put  some  obstruction  in  th'^  streon  an  it  ran  anr' 
find  a  low  place  for  it  to  runt  out,  either  by  dif^ing,  or 
in  a  state  of  nature? 

1.  Yea,  sir. 

0.  Do  wo  urKlerstajid  ^'ou  to  nay  thnt  as   a  mat'^r  of  faot 
wh<5n    -ou   t)t  your  work  dono  in  any  one   season  tliat  there 
was  not  a  fxeatly  prxlorainant  quart ity  of  the  flood     atcr —  t 
that  it  wns  not  diverted  to  tho  W"  st  instead  of  to   ^hn  east? 

K,  JySy  impr  saion  is  thr.t  tho  lar^r  flood  streams  ran  in 
thei   east  chan  ol— 


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0.  Naturally? 

A,  Naturally  or  un<iaturally,  it  ran  theru)   aotae timet  drift 
wood  would  CQEOB  dovn  and  uak*  a  litUe  obstruction  and  it 
would  work  off  into  another  ohanriol,  and  so  on;   ;jnd   so  -o- 
tixayg  it  will  work  in  on-    direction  and   ao;xtii<  b  in  anotloor, 

0,  Vhat  I  ^ant  to  ^^et  at  is  aa  a  soatvjr  of  faot  as  a  ^j^/iur- 
al  pro  |.x)  Bit  ion,  didn't  your  work  or  li.);    «ork  of  th«  car.pany 
djfleot  the  wat«r  westward  instead  of  eastward? 

K  I  oan*t  isay  as  to  that*  Tivro  was  no  atrjempt  nisdo  to  divert 
it  to  any  point  of  thu  compass,  but  simply  to  spread  it  on  thfi 
dolris  oone  as  far  as  poaeible,  whothor  to  the  east  or  to 
tho  west, 

Q.  I  jfill  ask  you  for  your  vgnaory;  Do  you  not  roaeraber 
that  a  greatf  r  quantity  and  "body  of  that  water  was  deflected 

and  wan  t  ken  towarti  the  west  and  the  lesser  and  smaller 
quantity  to  area  the  ea  r.  by  your  work? 

\   I  rei..eiiibor  a  li^it  obstruction  or   (.am  placed  in  there 
quite  a  number  of  years  a^,  I  presume  by  Lht;  old  L^uld  and 
W  ter  Oompany,  in  which  i.ho  water  vas  obstructed  from  flow- 
ing to  tiie;  west  and  raado  to  flow  to    .,hy  east, 

0.  las  tiiiat  allowed  to  continue? 

A,  The  extreiue    ainfall  and  heavy  floods  tore  r  part  of 
thi'.t  out  and  then  the   .vator  flowed  in  the  natural  channels 
to   the  west  w}iere  it  htui  previous  ^o  the  tiios  of  that  ob- 
struction, 

0.   And  you  helped  it  out,  oidn't,  you? 

A.  Vfe  helped  it  out  in  every  direction, 

Q.  You  d   idn't  help  it  to  the  west,  you  are  sure  of   that? 

A,   %  helped  it  both  east  sid  west;  whearevor  we  could  ppt 


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an  opportunity  to  r-et  it  out  so  that  it  would  aink  in  the 
gravel  bode.  The  question  of  east  or  west  }ud  nothing  to 
do  irith  it,  80  far  as  w  were  conoemed.  We  cared  nothing 
abcut  that«jadDn:  Otir  idea  vae  to  r&t  it  out. 

0.  Did  you  go  to  ary  conaiderable  ezpeneo? 

A,  ^  spent  several  hundred  dollars  up  t  rrc   in  the  i^ayr^- 

Q.  Don't  you  recollect  tnat  there  was  a  Be  solution  adopted 
by  which  thcit  work  was  done,  a  resolution  of  your  board  of 
directors,  that  t  at  should  be  done,  how  much  should  be  ex- 
j«nciod  and  w.hat  was  to  bo  the     price  of  it,  and  how  it  should 
be  done? 

A,  I  don't  reiijeriib  r  it,  I  re  «,t  -er  this:  The  board  of  direc- 
tors /p; are  mo  author  ty  to  ^  up  and  use  ray  discretion  in 
putting  that  water  on  the  dubris  cone,  but  not  to  t.he  extent 
that  you  haifo  sur-Bstod. 

0.  And  is  that  recort)  extant,  or  haa  it  hc«n  burnt  up? 

A,  I  can't  toil  you,  I  ari;  not  sure  t^.at  it  is  part  of  our 
records  or  ever  was.  But  I  know  I  had  authority  to  do  that 
work.  It  may  be  part  of  the  record, 

0.  Do  you  reiQfjrabcr  how  hifi^  up  to  ard  the  mouth  of  the  oan- 
yon  or  how  jlose  to  t/ie  mouth  of  the  canyon  you  did  any 
of  this  work? 

A,  Wo  be,'T,an  this  work  a  little  above  Ninoteonth  Street  sid 
w©  went  f  rther  up  tho  canyon  as  the  water  in;^roased,  and 
havo  done  ?/crk  up--  I  don't  know  -vhat  you  would  call   the  raou^ 
of  Iho  canyon, 

0.  AsRuiie  thr^t  I  would  call  tho  mouth  of  thn  canyon  to  bo 
what  you  7?ould  under  t&nd  to  be  the  mouth  of  the  canyon. 


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889 

Km  We  »ent  up  to  very  near  the  mouth  of  the  canyon. 

0,1  undemtofid  you  to  say  t  at  you  \^gan  a  little  above 
Nineteonth  Street. 

A.  I  was  p;iyen  aathority  in  the  fall  of  1902  or  winter  of 
1  03  to  conserve  those     atera  in  ^(hc    Tavcl  ho  da,     and 
frcam  that  time  to  this  I  have  carried  out  thi\t  authority 
to  tiie  beot  of  rny  kno^sied.iTO. 

Q,  My  question  is  whore  did  you  bofrin  on  'he  lover  aide, 

A.  la  be^n  above  Nineteenth  Street  quite  a  diatAnce. 

0,  la  that  north  of  the  Baae  Line? 

A.  Base  Lino  ia  just  above  Sixtonnth  Rtroct.  It  nrjat  be 
threequa  tr.rs  of  a  rnile  above  or  a  luile,  porhajja.  That  ia,  tVe 
atrfict  itsfllf  ia  a  raile  above  or  threequartera  of  a  mile. 
We  muat  have  boon  a  mile  above  in  our  o  orationa, 

0.  Can  you  produce  your  en^^neer'a  reporta  ahcwinf?  thie  out- 
put of  th^!  Kady  tunnel,  or  ''.ill  me  hare  to  ^o  to  the  exponaa 
of  sending  a  subpoena  for  them? 

K   I  can  bring    hwo, 

0.   If  you  can  bring  them  it  will   aave  expense.  And  if  vou 
have  an^'thing  which  will  frive  ub  a  definite  date  on  yhich 
this  diverting  of  the  flood  water—  If  you  have  any  docunien^ 
or  resolution  to  show  the  date  when  that  was  first  inau^rated 
we  will  be  pleased  to  h.-are  that, 

A.   I  will  be  glad  to  do  that, 

Mr,  Haskell:   0,  Have  you  ever  for  your  caapany  diverted  any 
of  tjie  flood    waters  of  the  Srm  Antonio  Water  Company  in  the 
sarae  way  that  you  hare  the  rjucarflonga  Clsnyon? 

2..  YoOj   sir, 

Q,  fhcraabouta? 


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A,  Wo  haro  diverted  t:  em  on  tho  land  In  the  oanyon  to  a 
considerable  dietancse  below  the  mouth  of  the  canyon;  from 
the  upjor  jart  of  tit,   colony  for  a  couple  of  miles  ahove. 

Q.  Tat  water  aoiuea  from  tho  Sar\  Antonio  Canyon,  doeanlt  it? 

k,  Yq3,   sir. 

Q,  In  which  dir  ction  did  you  divort  t  at  water,  to  the 
eaat  of  the  mouth  of   'he  canyon,  or  to  ;ho  «»at? 

A.  k  larg'-r  part  of  our  diversion  is  in  th:  oanyon  itself, 
and  we  diverted  it  to  the  east  or  west  as  the  conditions 
indicated,  '..o     et  ir    into  the  gravels. 

0.  When  you  divert  it  toward n  the  wost  it  goes  to  arda 
Pomona,  don't  it? 

^«    I  can't  int.y^ 

Q.  The   slope  of  the  xTOund  or  debris  cone  at  the  mouth  of 
tho  San  Antonio  Canyon  is  several  hundred  foet  hinjior 
than  the  debris  cone  of  the  Cucam^nga  Oanyon  ao  it  debouohos 
into  tho     valley  of   Ssji  Bernardino? 

L  I  never  have  taken  elevations, 

0,  You  could  toll  t  at  by  the  eye,  couldn't  you,  by  looking 
at  it? 

k,  I  have  known  peoJbple  to  becarte  fouled  by  looki)ig  for  ele- 
vations with  the  eye, 

Q,  But  you  couldn't  be  fooled  on  tfuit  elovation,  could  you? 

A.   I  would  take  it  tha-t  the  ;»lovation  is  greater  at  tiio  aouth 
of  tho  San  Antonio  Canyon, 

Q,  Teveral  hundred  foot  ? 

S,   I  ci\n't  give  it  to  ycu  in  foot, 

Q«  And  .'*Bter  diverted  towarns  the  west  /-pes  towards  Pomona? 

A.   I  don't  know. 


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0.   It  goes  in  that  dirfiotion,  don't  it,   if  'ou  divert  it? 
,  I  don't  know, 

0.  It  doeo  ae  long  as  it  runs  on  the  aur^ace'^ 

»«  But  it  doesn't  run  on  the  surfaoe.  It  j^eta  into  the 
gravel  as  rav-idly  as  posaible, 

0«  There  ia  ono  surfaoe  chan'^el  Pping  out  of  tho  Ran  Antonio 
Oanyon  that  /'pea  to  niaremont,  ian't  there? 

A.   I  hare  nover  se-  n  it  f-oing  to  Olaremont. 

0.  It  ,<5oe»  pretty  near  to  r»laremont,  doesn't  it? 

A,    It  goes  between  (Jlaronaont  and  the  Ontario  Colony.  I  never 
followed  it  down. 

0,  You  hsD/e  Been  t'  at  channel  with  large  live  oak  trcea  in 
It,     haven't  you? 

^  Not  in  the  channel;  no,  sir, 

0.  Well,  near  the  cha'^riel, 

A.  Yes,  sir. 

0,    And  there   is  a  deep  depr^  aaion  just  vsreat  of  this  jcxxxz 
channel  where  the  wat«r  now  runs?  Thore   is  a  wide  depression 
with  large  oak  tr'-ea  and  sycamores? 

A,  Where  do  ycu  refer  to? 

t.  Between  Ontario  'i.nd  nlaren^ont,  or  Uplands  and  fTlaremont, 

A,  I  know  it  is  to  the  v;ost  of  Tlareaiont,  There   is  pi  ace  a 
over  there  with  oak  trees  etc. 

•%    %id     ater  rising  there  in  place  a  and  flowing  on  tho  aur- 
faoe  at  the  preaent  tirae,   ian't  tliere? 

A.   I  don't  know  it  from  j^^raonal  obaervation. 

%  Haven't  you  aoon  those  seringa  and  cienegeta  along  tho 
lino  of  the  Atchiaon,  Topeka  and  Santa  Fe  railraod? 

K  No,  sir;  not  during  tho  last  year  or  two, 

^.Haven't  "ou  tr&volt.'id  thvat  way' 


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A.  I  hajre  occarionally  passed  over  this  Santa  Fe,  but  T 
very  seldom  fjo  to  Los  AhtdIos  on  that  roKd, 

Q,  How  in  diverting  the  flood    a^^rs  of  the'^  an  Antonio 
ohan  «1,  wnat  ixjrpose  r  d  you  have   in  view  in  spreading 
those  flood   .a^ors  out? 

*,  To  conserve  the  floed  atara  and  caun»^  ' '  ^^  "^o  sink  into 
tho  £TaveI  bed  of  the  debris  cone,  thr;t  t.  oy  iai^ui,  ^vOrcolate 
into     the  lower  strata  for  the  cx)nBervjition  of  Un;^  vjjiter, 

Q,   And  that  supplies  \our  wells  ard  tunnels  aroure!  the  red 
hill?  Isn't  t'^at  tnie^ 

A,  T/iat  question  ib  beyond  rao,  I  don*t  knov^'  r  r  ary  of 

t  «it  mter  e  er  r^t  to  the  red  hill  or  not.  I  luu  not  sure 
about  it  at  all. 

Q.  Vhat  pur}.08t!  did  -/ou  have? 

A,  Our  purpose  in  divf3rting  thaae    waters  above  the  diversion 
dam  was  to  increase  the  sui.yjw  supply  of  ;yater.  We  belit:vo 
wo  hav  e  done  t;  at  The  increR.uo  in  thi  t  swnmer  su;  ply  under- 
neath assists  xadDEKK  Poanna  ard  Ontario. 

C.  You  nave  ai  idoa  t«.t  the  spreading  out  of  the  flood 
vatera  inoroaoos  t;;Q  flow  of  the  ^MMgarfrt  tunnel? 

A.  At  the  Ea4y  tunnel  ? 

0#  Ytis,  sir. 

A,  PrcKii  San  Ant  onio  0  nyon? 

Q,  Yea,  sir. 

A,   I  no  cr  advanced  such  an  idea,     I  v/ould  have  to  think 
about  it  for  a  while, 

Q,  What  do  you  think  abcut  the   si)rc)ading  of  the  flood  waters 
at  CuoaiflpTV^  nroek? 

A,  My  theory  is-- 


!&••  Waters.  ¥e  object  to  this  wit  no  88  statinf?  his  theory.  If 
the  Interveners  want  it,  &11  rirht.  I  think  this  r-?intl{3::ian 
is  loftdod,  with  all  due  reej^ct  and  not  in  an  offtiniive 
•enee,  p.nl  I  don*t  pro^ee  to  touch  him  off.  I  ineiat  that 
it  iB  incorapete/it, 

?}»  Court:  His  opinion  or  tlieory  is  not  amtarial, 

•L*,J'^/^t  l^tJ  ?"^y  ^^^^®  *  theory,  I  don't  know  a  thing 
about  It  and   I  femk  no  ..crtal  u^  kno^..  an>  thing  abc-t  it? 

Mr,  Alters :  I  jjiovo   to  strike  that  out. 

The  •'^ou  t:   Str  ck  out.  We  n-jay  find  a  rnan  what  docs  know 
so  ething  about  it,  or  -.vho  will  testify  th-.t  ho  does, 

Tlio  Co  xt;   "fes  therci  any  undcrstariding  at  'he  forcier  session 
as  rerards  tho  fnannBr  of  exar-iinntion  betvfocn  y curse Itcs  and 
intervenor?  Were  you  in  the  sasae  catejfTpry  or  what? 

i*r.  Waters :  Th«;rc  was  no  under etarilint^.  There   is  a  comity 
betweenri  us    but  nothing  else, 

Mr,  Waters-  Q,  I  would  like  for  you  ^o  bring  the  oorrespond- 
Ing  reports  to  tho  string-;  of  wells  Dtat  you  diriof  the  tunnel, 
if  we  haren't  j.?jt  it  already  in  the  evidence—  But  I  think 
we  have  ^^t  tliat. 

Cross  Kxai'ina.tion, 

Mr,  Chaprmn;  '\  The  San  Antonio  Wator  Hocnpa'-iy  has  got  a 
tonne  1  that  lies  below  tlte  diversion  don  in  the  Sim  Antonio 
Hrnok? 

A.  Yes,  sir, 

Q,   And  ti^at  is  an  entirely  separate  tun'  el  from  the  Kady 
tunnel? 

A.  Entirely  separate;  yes,  sir, 

Q.  Ycu  have  tooe  wells  in  there  too,  haren»t  ^ou? 


5/^ 


v»-e  hacire  two  wells  aorne  dietance  south. 

0.   And  ^.he  water  from  those  wells  goes  w^tert? 
A    It  t^»o»  into  thfl  system  of  the  San  Antonio  letter  fJompany. 

The  Court:    0,   Is  the  Flan  Antonio  Canyon  a;id  Hreok  di^'"erertL 
from  tlie  Oiicwaonif^a  Ca-iyon? 

A,  It  is  entirely  different, 

0.  It  lies  to  the   w  st? 
^  Yes,  sir. 

Mr,  Chapaan:   It  is  separated  by  a  mountain  rar^^? 

A*   Yea,  Bir. 

Q,  This  turnol  below  th«  d«a,  lAiioh  I  will  call  the  San 
Antonio  tun?  el ,  and  tho  one  from  these  wells  that  are  con- 
duatea  to  Ontario,  >iavc  nothing  to  do  -^rith  the  Eady  tun  el, 
have  t.>iey? 

A,  Nothing  vrhatever  so  far  as  I  know. 

Kr#  Waters:   I  think  t.-at  is  calling  for  an  opinion.  If 
tho  question  is  more  specific,  or  t^ioy  hare  a  pi}:©  line  or 
ditch  cor:noction,  that  is  all  ri4';-:Jit. 

Qm  Tliat  is  w  at  I  raoan.  If  the  wat  ers  taken  from  San  An- 
tonio tun  ".el  and  the  water  taken  from  Jcte  aJBiucK  those  wells 
,  that  thoy  are  not  conducted  to  the  Kady  tunr^el,  but  carried 
in  other  tunnels  and  pipe  linos  to  OnUirio. 

Mr,  Waters:  There   is  no  objuction  to  t  at. 


1 

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Q.  ??o  j^ny  of  Ui«  flood  waiera  of  S«n  iVnt  nio  Ci  ^ 

rii.  ov<*r  tkp  country,  to  tJ:e  «^st  to  word  r  Ouc:*;'7on*»»,'' 

i,  ^'ot  iivitiiir felly. 

0.   I  mun  •6}^r»iijd  out  ly  yo-i? 

^,  '"'t>fi,   f»ir;    t>i<^r;.    It-  c  naid^r  .";>;-(.    '^  .in- 

te^J    Xiw'.'Ois    i^.iuu  ^u.uF-.Jti    .  I'i    .^I.Tuj  a    oiu    gauv-tJitt,    Cvruiai.o  wit. 

rM%'.AT9t    Dy    vvuy   of   I'r'Ul    FtlMitU. 

Q.  All  t;n«PB  operatioi^c!  om*ii«Vod  *^y    ou     s*/     \,o  ^^r  >ir©nw  Lho 
f  ocd  water !'.  from  floii:..n.     off  in  i-'i anno  1:5  riipidiy,    ,  uiKi 
^j.-ry&d.  ivz;  ii  v.'ijr   Ujio  c   untry,    su    .  ■  i,..,    ic    .ull    find   ita   w*ij' 
mti'.;  tru*«e  r^''*v<«A  hud  a" 

0,  T'li.t  ir  tr,3  objt;uu  oi   -di  i  ..!>.-.  cp-.ru-.ionij  Viort#' 

'  .    A'^     -'O'-.  r.u.y   you   tn   nk   vou  M;,y*,    ,'nrr--.,a.>T   'ha    ;viount  of 

».ui>..r  .    ir  flowifs,^  m  ihu»c;  j^/" o-f e^.  Dtiiu:    '  •.    a    v'...t 

in<:l«!io  »xloo  >jt5lo#  Ihfi  division  r'sjm^ 

l^}<.  HAJiKliU^L:  I  ihonr:\   ihi&L  wus  i?tri<it(.'n  oai. 

V«h',  CHAP''A\':    wfcU,    yOU  «rc  raiciriJwfi!. 

^'H.       '       -I  I  object     0  this  ^i»ei  tiv)r  «.•.»  l-u.^  ground  that,  it 

ib  not.  rdeporibive  to  ^'h    direct  «xi.*iint«tion,  -mt   ;o  tr«at 

it  ii.ti  lu.  oiroct  "^ucfcitioi-i,  uii'ttct  "^'  y.ion,  it  ie  It-ouding 

wkI  Eu>;,?r«Btiv<;;    dnci  cri  tli**  ^Tv  laid  ta^t  it  iu  im^O' limtant  ub 

cailirif  f.r  \M:A,  'h.-:  i'lri^rR;    in  oUior   .     -rr^  hijj  0;>inion,   »tiid 

thoro  h:»  V'Ct;n  2io  ;ow»;  k4,-^l-.'j  I;:     I'o;    i  t :  u  oi'inion  of 

thiv.  mtriiiBp  ha  cVicitaet;. 

!Ui.  C  "i*i^'uil:    •r,  Tjceke  ituttt<d  in  'ue  rii.rt«ct  t»uti  lunj'  tVat  t>ie 


z 


J  — 


2  •-  1- 

Z  X.  a 

S  °  2 


a  J  i 

n  <  u 


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oh.loct  in  divortiw  th©  *at  r  from  thn  Him  Antoniv)  Creek,  was 
to  incr'iJiBo  t*  h  v,ai,dru,  for  the  bonofit  of  OntHTio  u*  ?%oll 
uj  Ontario;  ho  uaid  that  wu«  tiio  obj«ot  of  it  linri  l^cui'-ht 
hft  hK6  done  it, 

tuimel, 

M!^,  '  i<:i:  T!m  nurfacc  walur  vbich  ^\'.j  wa»  ,  •  i-f  ua 

Bpr'«n^iri'-  ov^'ir  iV^'  i"ountr    '^'^-^  •"'>  inrrrc  *  t'--  f'^-^amt   of 
purcoi  ,t*i;n,  lu."  fjiiic  wao  i'ur  ;,jio  lH>jiafit  oi     i'o-H^na,  at 
well  UB  Ontario,   a- c  oin;;ly  incrRuoiiw  Xi)»  n^rmr't    of  wt     r 
|n;i*c;ol»tin':';  in  ~>'f-  voioe,   urv'  >>■.-   "'-.v^-tii    tVw^^r  v.  .■?   i,f.f»o'n- 
pliishixi   that  purport, 

^ili.  :   I  ^et;8  he  Ciici   togtify  to  that  ;jyp   to  tho   f>iaffoy 

timnel;   l-^i    it  '!;o, 

C.  Pood  ti.at  aoply  as   flt^ll  to  thoae  icr ravel    '  dj  thro'v:?"!  which 
thu  Sun  Antonio  Tunnel  isj  fud.   ws  th«  tunnols  unu  .vollt  on 
this  fcidtt,-  whothar  t^io  oj) cr^rationB  he  npsukc  of  in  the 
Run  Ahtonio  Canyon,  iir«  intanderi  to  t.  j  ;dy  the  tj-ini'  1  of 
tiuj  Siox  >'\ntonio  Canyon  «j!  w«vll,   with  c  k'T**-^*-'^  i;.oimt  of 
pcrcolntinf:  y^tti&r  th;in  oth.'rwise  would  rO'.di  it:   In  '.h^.t 
thit  cuao^ 

Mh.  .%IT7;  :  'A.  object  t.o  tni.t.   .   -t  i»  to  s'-y  t-bit  Stn  tj\» 
ttonio  Hiinyon  ir  fouj-  c    ''jTO  mil   u  {..wky  to  V-.^j  j.^uw.  ..rd  from 
th{?  district  of  coiinti-y,  about  j.}iich   ^  uto  horu  liti;-...tinAi;, 
unci  it  ip  not  a  pi-ojj^'r  wAbieftt  of  inquire  at  thia  Btiusce  of 
tfiin  CH^oe  ^t  '.ny  rate;  m\o  trit    teatimon     i(«  :  cciden  mcoTj- 
p<jtcnt,  as  aeVinr:  for  the  conrli;rion  und  oy  inion  of    'r.  T.«'t*e, 
"I<.  i^'  :        .         khll  ie  the  ,"••  n  vrfio  bLvj;;.in  'x'  in- 

quito  of  t>'in  v,itn«8s  about  thoir  opcrhticno  m  the  fun  An- 


J9? 


6 
7 

6 

S» 

10 

11 

12 

.•     13 

•I 


2  •=   £ 


9 


tonio  Owiyon,  Bi>reu<iinf',  Uio  water  over  the  ourfact"!  there; 
nil  t.ht;.t  I  rji  tr^'irv^  to  -'ow  \y  thi"   witnasB,   th;  t  t^.-it  h;:p 
not  for  iLs  object  the  country  on  thin  side,  anr    uu-ir 
.♦oj'kB,  buL  muiniy  X'or  Ihiut  oun  Antonio  Tunnel,   ..ith  which 

tlio  Cunjinon.':-!i  j30;)1c  hriva   no'.lin-'  to  re    n.T   f :  r  rs   I   k:iow. 

It  lii  noi,  conn  .jotoa  ::.n  ury    .-.y   .;iLh    -nuij*   a,  jiU;£i. 

TrfK  CQiitCx:  It  Eeu:3is  to  mc  thoir  otj  act  bjnc\  ^rjrpoce  in  tJiut 

cuTn'on  in  er'ircoiv   reltrvrmt  "•lo  ;j~.v   inrair-.^  hero;  h.:   r  jy  tHll 

whut   uioy  ruvti   done,  but   *u  Cwi;'-  ti^-ia  Ui  a«;  thci'u  i.a  uiiy 

roledion  hotf7!;«n  tht^  twi  cf.nyona;   at  Irai^'.  so  fdr  um  in  slujwn 

by  th«  ovidcTirG'  !.8  yot, 

^'H.  BHITT:   JL  ti'iink  th«i    :vidonO'.i  aiiovs  i^one./'.ero  vi.ui  it,  is 

uboDt  fyxar  or  fiv«»  i3il«>a  frcjm  one  stroicn  to  the  other, 

<f\{,  WAy^J^S:  Thip.  -^itrieBa  juet  toBtified  to  th^t  ^i-v^ofvi  r. 

["'.v.  CO\m:  Tho  objection  will  be  mlntain^=d. 

•j<.  PHA  MAJI:  Excei)tion. 

0.  ^.  joiiwnoN: 

f,  Vf    .TOlfNf'ON,  fc.  ivitneae  caiod  by  plaint  iff,  being 
iriit  duly  sworn,   tOBtifi<;d  .te  folio <?o: 
DIliJSCT  >^^  a  NATION . 


16 
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21 

^^Hbi.  RKFiT,  Q,  ^ere  do  you  livu? 
23J.  ^'""'•■non/?;^. 

2^- .  'it  the  Voi  n  of  r\ictii:ioni:>9 

>5A.   I  live  pa.rt  Moy  b«t7/o«n  Tuctinoi^u  und  UiAwid,  on  fhtxt  ttiey 
2(f  i  11  Oucuno*^-,;,  Av'-nue, 

ij  ,  All  tht.t  countiy  ihort  ie  laic  off  into  atroots  of  some 
j^poignution,   so'k;  apfjoifxc  doeieTiution'i* 
'^''eo,   Bir. 


:<!■■ 


4                                                                         ^f^ 

1 

0.  T*v  ii'   c; Hoc  ^  rural  dis-irict^ 

2 

A.  Yes,   £.ir. 

3 

'^.  ^liem  you  ^ws  t<J.k   i/hout  uvemuoo  and  Birefits,  vou  dun*t 

4 

rr;(?;.jj  they  lia  m  u  It"  n*^ 

5 

A,   liGii  iJ;.-i"--j.c-:.ii._ijLy ,   '>.}c;r'::   I   iivt   no^    '-r.  i"«-   ,.;:    'bowTi  ^-lus 

6 

thore. 

7 

v«  ?Au!r<;  do  vou  livft  with  rt^fwrerco  l-o  i^Jv  t  h'^a  hov-ii  cU.lod 

i"-* 

tho  brittk  hotel  ii.nd  the  riucfa'ion/:^!  uiuiripru? 

9 

A,  I  live  {>>iout  t>iro«  qUisTtea^u  of  a  rniio  to  tlit  lopt  of  thttt. 

10 

•^n'  rOTlp-?,  0.  Font    f   t}«e  red  hill' 

11 

A.  Ytitj,  sir;   ;.ei3t  of  Uiu  rw  hill. 

12 

'^?.  BPITT,  0.  T^at  pro  you  eTij;a.^»d  in? 

3J 

13 

A.  I  {.in-  f».;r'iin-'  .••..t  preoont. 

g   0    3 
^  ul   " 

14 

n,  'ToH-  Ion."  have  yoti  liv(;d  in  Jii.t  noifjihorhood^ 

5'§ 

■>  -^  £ 

a  <  u 

15 

A.  On  ijifO  off  tsince  IBBb, 

_■   O   3 

—    OT 
U. 

16 

0,  Po  you  T:no'tv  hor.  to  mcaanre  wiiter** 

17 

A,  Ye{  ,  fiir. 

18 

Q.  T)c  you  know  hov;  to  take  the  de.;ths  of  v.elle'* 

39 

A,  voB,   fiir. 

20 

0.  Look  at  UiiL  ehoot  nov.-  i.liov^i  ycu,  vuicli  la  cullea  "Tt^bul:.-       1 

21 

tion  of  neajiururacntD  -  *  or  huB  the  inacri].tion  "Tj-IduI  .tion 

22 

of  MoamjTO'ionte  of  W'ator  I)t;vulO;.n<.!nt  at  pbd  f'illr^  Ouci*raonp;tt, 

23 

CuJafomiu",   unci   a-uto  ikhethor  or  no'o  yai  rauit;  the  rasa»» 

24 

uromento  vhich  tjrt;  roprooentod  in  this  piipcr? 

25 

A.  Yee,   uir;   thoBO  nrr  thr;  nc.nrirer.cnts  that  I  havo  n&de 

26 

and  'landod  in  to  'r.   i.ri^it. 

27 

Q.   Comericin.'^  July  Vth,  1906? 

28 

A,   1906,   anrl    cmtin-itiri   to  .T;in;K,.n'   12th,   l^tX. 

29 

0.  Stato   .author  or  not  Lhu  c  )v  i    '          ;■              .■         rh  ora 

6 


li9£L 


rcKtordan  hem  in  thi«  ahoot  woro  rorrectl}'  natff*^ 
A.  Yu:-,   f;ir;  correctly  m-jicie, 

Q,  Cone  !;■  r      ud  ex.ilam  th«  aevorul  coluana,  Tlie  f irnt 
coliTin  hottd«(!   "Name  of  ObBerv»^r",  trnd  umH»r  that  CM, 
J(i^inuyn:  Ara  you  liie  p^rBon  deoi^Tiutwi  *ht»  iiH4it;  LJae 
ohHorvutionu' 
/.  ves,  fiir. 

Q.  Ditt  next  oolarm  t,owitr(*e  Uiu  ri^^a  "LuvO*,  iwiut  doee 
U)ut,  re])re8ont' 

A.  That  is  Uio  (i.tt«  of  bhe  riontii  jAnci  ^tjur^   Uioi;e  : '.oava'o- 
ritmie  'toro  mml^t 

(].  Third  colw.m  lioaded  "Woir  'Jo.  1".  Vhar-.    io  weir  mmhrr  one*? 
A,  At  thr,  raouWi  of  Tiuint:!  "Io.  ii  or  Kudio  Tunnbl, 
C,  On  Uio  ^at  .udw  of  the  red  hlll^ 
A,  On  tht;   -feet  t5idu  of  tho  red  hill. 

Q.  Tliu  foiu-Ui  coluL-m  ?ioud«d  "Woir  No.  'ii*,   .vlu^t  cooa  that 
in(iicato'» 

A,  That  io  4.  combinntion  nouBurinf;  box,  at  the  moutli  of 
tiainoi  nurobor  tiho. 

0.  And  the  fxfth  colurrm  ie  headed  u%  Uie  top,    "TotU.    ..t 
mouth  of  Tuimol  !»'o,  2":  Does  ti'iut  mean  tho  totul  of  tiie  vatcr 
fiovine^  at  tho  two  v/tirs,   the  rayasui'ontsnt  of  which  is 
roprufiuntod  in  tho  third  .lui  foui'th  column*' 
A,  That  ifi  tlie  tottJ.  rifeasiii'enont ;  yun,   sir, 
Q,  Sotit^   .rfiiut   t-iioao  figurtiB  liiKior  tlie  ooliinm  h«adod  "Weir 
1x0.  i:"  imacato,   what  i}\oy  bJiov.-*> 

A.  It  a)i0vvfl  the  umount  of  nincru'   inchoa  of  water  flowing 
ov<>r  t.idtfo  difforont  ..oira, 
Q.  Voil,  on  thib  colurm  headed  "Veir  No,  1",  doob  that  indi- 


A 


y^ 


outd  lijoru  "than  on©  woir? 

A.  No,  thai  IB  one  i^air. 

Q,  Wiui  do  tho  fifi^uroa  in  colutm  heiided  "Weir  Vo,  !•  int  icj.te* 

A,  The  anount  ol'  watt»r  flowin«i:  over  that  phTticuli^r  *eir. 

Q,  Wierc  ig  tliut  uit.atod  iwitli  refaranco  to  tJio  raouth  of 

tho  7Mifi  '^\auwl'> 

A.   It  ill  practicidly  f4>out  I    rfiould  judf^o,  100  foot  aboTt 

tl2(5  mcutli  of  tv>e  t  Tin  el;   it  ib  a  new  division  box  thut  was 

taud?',  u  nftw  JswuBurin^j;  box, 

Q.  Miitt  do  the  fii^uT'ee  Ikjtq  mciicate  in  tho  fourth  column, 

undw  t/io  c&'tion  "V^eir  TJo.  id*? 

A.  ThoBrt  uro  in  that  saiae  combination  box,   frori  u  different 

w«ir. 

Q,  T*o  avoirs  in  the  parne  box' 

A,  Tr.o  ..birEj  m   wio  it.  .tc-  ^ux. 

Q,  Stato  whotiitr  t^hoy  ^"oth  of  then*,  meaeiire  water  i^roceodii^ 

fnjm  th'^  1  imnel' 

A,   Ii  lu  Uiiu   cui,c-l  flow  of  the  tunnol, 

0,  Tn  n  tho  fi^^n'Oij  in  the  f ifiii  column  headod  •Total  ;it 

racmUi  of  j.unriol   -'o,   2",   indicate  ■/•j:t' 

A,  The^'   ;4o   luu  cxnabinution  of   l:jo^-u  l..u  ..uiii'a,   \,hu  loLhI 

rwuBurorKsnt, 

Q.  Tho  H)\.i\l  iWii  of  ?.at(!r  frcm  the  ,.oir? 

A,  The  tottj.   flotv  of  .  ui  r  from  tho  tumel. 

0,  StHto  whether  tho  fi^^iroa  in  the  fifth  dolunin,  imru-r  tho 

ca])tion  hotuciint;  "TottJ.  .-.t  "outh  of  Vunnol  Vo,  Z* .   inricii.a 

tJio  wholo  iir.ount*  of  .  ut^r,   on  bru  ^.cv-itJ.  tiv.;,^  ^'.r-.u.n  iv  the 

Booond  colurni,  flo^nin^;  froa  Uiu  tjnnul? 

A.  •I'eB,  fdr;   thooe  urc  th»i  totul   r-rao^into. 


901 


6 

7 
8 

y 

10 

11 

12 

I      lo 


z  ■-  I- 

^  X  a    .   , 
2?  3   14 


2  «:  S 

-M^i   15 

IB)  <  ui 

-    16 


17 

18 
19 
20 
21 

23 
24 
25 
26 
27 
28 
29 


0.  Foi    the  ijurpoije  of  illustrutin"*,   t<J:inr:  the  date  .Tiino  l:  th, 
1907,  »shat  wae  tho  total  <jnoun'>v  i.i    .,a.tt.r    .t  found  by  you, 
to  be  flo«inf^  on  that  day  out  of  tho  5^Ue  tunnsl'' 
A,  Thfj  totbl   friount  v.as  254,6(0  rflin^jra'   mchea  of  vv/itor, 
0.  »f8e.Hiirea  uixior  viiut  huud  or  iireoaure? 
A,  Thai,  ie  \mdcr  a  four  inch  prochui'o;   th/it  iu  fif^ored  from 
cubic  fcot  prtr  BiJCC' nd  flo^, 
Q.  At  th;3  rutt)  of  fifty  inchuB  lJ^r  cubic  fojt? 
A,  At  tho  rate  of  fifty  inchos;  yea,  sir. 
Q«  Mov$,   then  the  next  column;  there  it  one  bltoik,  houc)ed 
"Voir  No.  ^. ,   m  6-hich  there  ^ro  no  raeaEuropiento;  tho  coluran 
followii^  th&t  has  thj  caiition  "Dopth  of  shaft  to   water,  4 
an<i  A  A":  ^tit  is  indicutod  in  Uiat  coluran? 
i^.  Tfell     thiit  ia  th«  raoasurono-nt  of  the  heiirht  of  Um      .-■  •  r 
in  ulio  tjnnal;  that  ia  from  tho  top  of  the  curbing-  doT.n  to 
<?h(>r9  tVjO  IfcvoT  of  the  mitvT  would  he  in  t}u;  oliaft;   that   ir  iq> 
about  not  qnito  thr ec- quart t.-ro  of  i>.  mile  frora  t/io  ..vjuiih  uf 
th«;  '•t-.dit?  Tiinnol. 

0,  r^o  you  knoTt?  -."/hfre  the  well  number  14,  nisi'kwd  on  Plain- 
tiff 6  Kxhibit  1  ie  cituutod'*  The  L^-caliod  bir  -.oil? 
A.  Yo8,  oir. 

^',  '!ovj  fjir  iii  this  shaft  below  that    aoII'' 
A,   I  nevt^r  mtaeurod  exactly;   I   i^iwuld  ^ua^p  <Ouu^  ^lOO  feet; 
may  be  a  littlo  rioro, 

0.  In  this  colunn  vvbidi  beiu'e  tho  litiadinf:  or  m.-A  icn  "T^enth  of 
8>'<ift  to  water,  4  and  4A*,   do  tlioae  f i^i  t»c  jju  iCcXu  Lue 
de^ith  of  crater  in  the  tunnesl,  ut  that  shaft' 
A.  Thi?y  ci;n  bo  fipared  out  frora  tViat;   U-i.y  ;ndic.Aij  Oro 
Irtvol  of  tlio   ..att;r  from  tJie  u.irfc!.r. u  dOAn  uo  *Jtiit  iJuAjii, 


a 


0,  T8  tbat  ahtkft  connected  with  the  tiainel' 

A,  ve«,   8ir;   it  la  connected  with  the  tunnel. 

^.  Dof-^n  ii    afloand  vwrtically  from  th«  tiinncl  to  th»>  to.j  of 

A.  Yos,  uir, 

Q«  Foi"  insu^tiicu  tii^Kft  thut  coluran,  here  ar«  tho  figurop,  on 

June  ILith  iijiiniur  the  fi^ree  56.6ii:  Uluit  do  tlioiie  uirOiil'v'' 

A.  T'^at  nijfTiifies  th«  lov«l  of  the  xmt«r  from  the  surface 

of  the  grounti  or  tho  top  oi'  the  corbin^;, 

Q*  Is  Uutt  inc}i«8  01   f.et,  tl?0B0  fxtairos' 

A,  T^^et  iu  feet  and  ttntha. 

0,  Well,   I  Motico  for  «xttiSj;io  on  Hti.y  4th,  1-06,  utki y-r  thtt 

colurm  at'poiiT  thf.   fi;?uro»  4.:.i.c>:  Thoae  el-^ow  what? 

A,  TUxtfi  ie  tliu  iovt'l  of  itti  auL  r  froQ  ux^  j-joim  of  ru€u»8- 

ur<iment  on  t>io  top  of  tho  ehtift,  the  nurf-.r.a  of  tlit  t^'ound, 

Q.  Wlion  you  come  dov/n  to  SejAocihi^r  ii'jth,  and  tho  fi^^ir^iu  ta^e 

7i>.10,  in  tho  BtiTio  col-Jirari,   that  is  Vt-i.lO  fout' 

A,  vea^  uir. 

0,  ;'niHt  doac  tlutt  (lifforcnco  m  tho  fiji»^.a*<JB  frof^  "ay  4th  to 

SojJbtjfabor  iiJtii  inoictito^ 

A.  Fell,  that  la  tiic  riso  and  fill  of  tiie  watci-  in  Uiat  8>iaft. 

0,  Tha  next  coliiLm  to  th^  I'J-Sht,  hvMtiod  dopth  of   JAiltiV     - 

*l)«pth  of  BlUvft  U)  Wiitior,  7A*,  I  supi-osd  inaic»».'o©B  ;.n     feet 

Mid  tenths  of  <.  foot^ 

A,  v(?j;,   air. 

0.  'i^io  «lovat^on  of  Uje  «&tor  bolon  the  ourfwie  of  the  ground? 

A.  YeB,  cir. 

0.  "Weir  Vo,  I.,  puiBpod  water*  no  tMiauronent,     •leir  No.  6* 

alno  biiink? 


m3 


3 

4 

5 
b 

7 
8 

10 

11 

12 

«-    13 

<  I " 

•r  a:  q: 

«.i  15 

n  <  ui 

»•    O    3 

17 
18 
19 
20 
21 
22 
2i 
24 


26 
27 


28 
29 


.k 


A.  Yef},  iiir. 

^.  Woii*  Mo,  7;  Iriat  art    thuaa  Ti^rea  undor  thu  ooloan  headiod 

•Voir  V:0.  7,  wV\i:.t,  do  thoy  ahow? 

A,  Thoue  art}     invsm'   indiob  of  wutar  fXowirv;  uytii*  th«.t  weir, 

0.  Uhero  18  reir  manbor  7  aituulod? 

A,  It  in  tit  Die  mcuth  of  \»h(x\.  tl^iey  Cftll  Uio  horib  Stui'  Tunnel, 

Q,  The  ikijit  coluian  is  h«&d.ed  "lair  No,  b*  und  Biio.i?B  what? 

A,  Those  eure  ae&sureaents  of  «atar  fiowinw  from  Uie  ructdmoa^a 

Sprin^^n,  on  tho  eaat  aide  uf  tho  r«d  hill, 

0.  Anr  Uu.t  *»5ir  'lo,  B  ia  eitjuted  wherw  with  r«forcnce  to 

Uw  brick  hottd? 

A,  Tt  ia  tji)out  -*0  or  .;0  f««t  b^low  tho  hotol. 

'),  To  you  moM  'iiat^  wat^-r  i»  rneaaured  at,  t.but  woir,  and  irt'iat 

EatujLauri»^at;/it8  of  \mttT  uru  B}ior*n  in  Ujxo  oolurim  umior  the 

voiulin^::  "Tuir  Iv.  H*? 

A,  ITio   mtt;r  'vJiat  I'iov^a  froK  th,t'  aprinf^B  on  the  east  uide 

of  the  rud  hill. 

;' ,.  And  tl^c  fif<}xreiB  iioru  in<::.cato  Uio  floir  of  wator  m  t^&t? 

A.  In  oinoro*    incliea. 

^.  ^!ow,   tfOclnf'  the  colurane  n«Jtt  to  tJ-ft  ri<?ht ,  sona  eevon  of 

thom  imdcr  Uie  s«iB»  gttneral   ca|)tion  "Sun  Antonio  Conii>ti.nyiB 

•..olltt",  whut  liiolla  Hi'e  then*  referred  tx>? 

A.  Well  from  1  to  No.  h  uro  iJ:ov©  lt>hth  Stre«t, 

Q,  I  nutioo  '«u,  l4,  tliat  the  column  under  tb«  hoiftflui^  ■No,l-(f" 

i»  un'oircly  blank:  Je  that  boouueo  you  nuda  no  maasuroraontB^ 

A.  >*o,  wt$  ifiado  no  aeaaur<MQent8, 

0,  ^{y  dia  ycu  raiuce  no  awafiuraraonta  on  that  i»ll  if  I  «ay 

in(juiro*> 

A,  igfell     thoro  i«  no  pun  ing  boinf*  dona  there  ainco  I 


10 


.^'UtiC 


uturtoti  to  %tikti  ai&aour^sontB. 

0-  Wi«re  if  thut  mil  Tio.  l^**  T>eBcride  its  location? 

3  A,  W«ll  Ho,   14,   it  ic  north  of  tho  horA  of  tunnel  No.  2 

4  or  t}io  vftriie  timnol, 
Q.  T)o  you  kncTrt^  rhut  oorroBpondwice  it  baa  if  any  with 
#iut  htiB  bwm  roftjrroc  to  ae  t)ie  bif-  w«ll? 
A,  It  ifl  tho  BttJne  on©  ac  tJ-ic  bir,  woll, 
0.  Wh«»n  you  svy  it  ia  north  of  the  hea^  of  Uie  tunnel 
t»tpl«iin  yo\a'8elf ,  fthother  thitt  well  ha*  any  connflction 
if:ith  tho  i-iinntd? 

A,  I  beli«Yo  they  have  connocted  iv  now,  ttlthou^j^  I  have 
n«v«r  hcon  dovn  in  to  sec, 

i)„  Tlioae  cUior  coluraiB  hur^,  under  Uio  fTHnernl  head  *^ui\ 
Antonio  fbripany'a  wells,   unri  Bubordinate  or  inftjrior  haad- 
in^^  Ho,  2,.  No,  3,  ^^o.  4,  and  No,  f ,  and   so  on,   contuin 
ttOGW  «ntrien  hi>ro  of  Uui   /.oi'd  "ijumpin^?;*:  wh.nt  uo  thoea 
\sords  Bi;^ify** 

/-■  Thtty  i»ero  ]  \BBi  iiv;  i^iter  at  tlie  time  of  oboervation  of  datdt 
0,  f^ono  otht**  plucft  thorn  tsrd  some  other  (mtirea  btiRidea 
"jiucijjinr;" ;   it  stya  in  two  or  t\xcov  jilttces  "San  Antonio 
wollB  not  ]>umpinfi;*:  I  cutpoati  thut  moiins  wjiat  jit  sjtvs  dooe  it' 
A,  Yen,  pir. 

Q,  Stute  ^i<;thor  tho  cntrios  there     conctmin*;  i.unping  or 
not  ])uiai-inf;,  record  t>io  ronult  of  your  obearvatione  on 
t>iopo  diitee*> 

A,  Y«M,  eir;   to  8(3  arn  Uie  retmltB  of  obatJrvation, 
0.  VoM,   at  the  ri-+it  of  tv^in  chart  of  tabulation  arc  two 
ooluons:  ono  h«ad<3d  •^'wllraan  vrell  No,  2"  and  the  other 
"Arteaiiin  woll  ''o,  Z*:  ?^at  do  the  fi^irei  in  thoce 


•yr 


n 


dh. 


coluraziB  indicuto' 

A,  ih«  iovt  1  of  \Aw  vtkXar  in  tliotjo  uifforent  uhfeftu, 

Q,  In  vi'ntiX'*  In  inchfiU  cr  rooB  or  w^iftf 

A.  In  fool  .uici  '\t..n\.iM  ul"  u,  loot. 

Q.  Weli,  ejcjiluin:   in  Uyt;  o^iuran  b«jutiod  ■Helln^iin  wll  llo,  2* 

t>H    fiiTt  '.ntjy  XQ  of  oate  May  «5rd,  VJ07     and  tho  fii.-ur«a 

ui'u  "^....C:    ahat  cJotiii  that  aewi' 

A,  Well,  ttusro  15S  a  pOint  of  obaorvution  in  the  bottom  of 

tliat  ahuft,  ^iiirh  ie  4ii«7  below  the  uurfuce,    <irvi',  Ihtit  ie 

4,1)  bolov  that  point, 

Q,  Miiit  io^ 

A,  It  would  bo  4.5  below  tho  top  of  th<;  Civsin^;,  in  the 

bottom  of  tlic,  shaft, 

Q,   nhut  ia  it  titut  ie  4,5  fout  bolow  that? 

A,  Tht)  lovol  of  t>^c  v/ator, 

Q,  YSIoll,  etutc  v^JifcUiU'  tho  nuno  cunditionn  aro  shown  on  tho 

diffcront  dalee  bs  to  tiie  oUior  figurora  in  tho  column, 

foilo*«in^^  the  cmo  yovi  htivu  juct  cloBcribiid*' 

A,  Tinsy   cjira  from  tiiti  liuix  point  of  obBwv.-txon, 

C,  Tho3''  ahoiv  thfc  depth  to  the  water  frOT<  t)>iit  point  of 

obB«rvation? 

A.  Yea,   oir. 

(}.  In  fotit  tijiri  twthe  of  a  foot*>     A,  Yeo,   rir, 

Q,  How  tho  luBt  coliiran  "Arteeiui  v.-oll  ^Jo.  2*  conttdnt 

ontrios  in  rt^-rard  to  v^iat? 

A,  Thttt  ie  t}io  de^'th  of  tho  water  frma  tho  top  of  U\e 

curbin/;;^  or  point  of  obscrvi.t ;  .-^n  ir»  f  rl  «  mH  tt*m,hB, 

u,  VKhurii  ia  ty»ia  Hellntin  uuii  ,.o.  «,v  vvnor^  it  aw  Bituatod'' 

A.  fell,   it  Y.H.R  at  til?.'  hfiad  of  thc»  Y  tunnel,  th;.  ^  ia  on 


la 


1 

2 

3 
4 


9 
10 
11 
12 
13 


a  .  i  15 

n  <  ui 

-  a 
^  o  3 

r"  16 


1/ 

18 
19 
20 
21 
22 
23 
24 
25 
26 
27 

:s 

29 


ttio  euat  oi£;o  of  the  red  hill  I  believe. 

0.  Tc  Ihio  it  here  io  tn-vich  I  poinf 

A,  TMf5  ir,  the  ei?st  ^.'«li  over  hero, 

Q,  I   ivfirt  to  know  the   yell  you  ciJl  ^fbllLjMi  moli  ■1o,   2' 

A,  Tl-iat  io  the;  v/cst  one. 

0,  That  ic  th«  ono  t.t  the  hoic  of  tiic  v/oet  i>ronr,'' 

Ah  Tho   Jent  pror:^  of  the  tunnel;  yos,  cir. 

0,  Art.^Bi^Jl  -  ©11  >}o.  T",  v^iero  ic  that  oituat«<i'> 

A.  That    viin  iiitua.t©a  on  ivhat   -^e  c;.ll  the  90  ewe  tract  of 

tiht)  CucamoTi/ja  Waiter  Cor^)tiiiy  I  boliuve. 

0.  Wan  f-'at  vrell  uceH  for  any  purpose  at  the  timt?  you  '^ade 

your  ohoia'vutionn'* 

A,  Wo,  it  ia  not  conTH:^cted  up  with  any  tiinnels  or  whter  '.vorkB 

0.  How  if)  it  Rit  ifited  with  rrfrronc?;  to  tlie  red  }!ill^ 

A.  '^^ull,  it  is  you  r.Uf*^t  aay  on  tlic   lop  of  the  red  hill, 

iit  that  point,  pructicidly;  i^rotly  vvoll  i;|  . 

^\  I  notice  in  trio  churt  or  tabulation  concernin/!;  -w^iich  you 

huve  bt;t>n  t  ©etifying,  unficr  the  colunn  of  ■Na'-e  of  Obeerver" 

that  a  few  of  the  entries  or  n]-fi.ces  bear  the  name  •F.T, 

Wriiiit":  Pid  you  t^uaiat  "^r.  Wrir^it  in  nakir^,  any  of  tfioee 

obBsrvutiono,  vthich  bc>>r  hio  ntrne,  oo  thjt  you  oun  testify 

hore  ^lothrr  tho>'  tre  correct  or  nof  If  not  ve  T.ill  ask 

llr  lKrif;iit  ubout  thtw 

A.  Vo,  I  did  not  aesiet  hira  on  thoao  dutoo. 

^1^.  BRHT:  f^o  fur  hm  the  witneoe  hi:8  proceodc^,  with  the 

oxcoution  of  u  fev.  yntrios  there  -rtt.do  unrior  i^"    n.-n*}  of 

K.T.  ?J!i-i0vt,  we  will  offer  this  tabulation  in  oviH'jnce,   as 

oontttinin^-  the  result  of  his  obeorvbtiona,  during  the  tima 

ooyered  by  the  Eororal  datea  entered  on  hia  ci'.art. 


1^^ 


;^  t 


ISK,  (TrfAPWAli:  I  woiilci  lik«  lo    uaik  tho  Y/itnessj  a  fow  quostiors, 

}fli.  CHAi'''AJ;,  Q.  Mftio  do  you  aa.y  Ksaiutod  j/ou  in  rn*.ki!v;  i.h« 

r«nieurw-i«nt8  to  wiiich  you  htuvo  testified? 

A.  I  }uM  no  a£[}i»tunt. 

(J»  Ho*  wore  t>i«  n9»a8ui'0i^;;nt8  riwjo*> 

A.  **itii  a  arti©©!   1,44; o  ^jna  a  rule, 

C.   /\ncl  lh«  rAj«ui;)r«L:ont8  of  tho  *ator? 

A.  Thej    wru  madu  with  is.  tvio  foot  rulo, 

Q.  ill©  Autor  Uiitt  waa  flovAm*  ovor  tlie  ViOire,  hov.  die'  you 

raiike  th«  rneauiircf^om.8? 

A.  ffoanured  it  with  i~  rule, 

Q,  And  in  ^.huX,  uay? 

A,  By  t*ikin«:  the  dopth  of  UiO  water  ut  08t8.bliR)ied  points 

nmir  tlio  v/oir, 

0.    kid  tl^en  what^ 

n.  Hion  Colcuiutod  tjto  uarao  aiid  Bent  it  in  to  *'r.  Wri<iit. 

0-  How« 

A.  I  ciilculatod  tiia  acrao  and  Bont  it  in  to  ''r,  ^ri/3^it, 

Q,  By  vdiat  fonnuia  did  you  mako  tlm  calculation' 

A.  Tlio  «r ancle  ?ornula. 

Q,  Wliat  IB  tliaf* 

A.  Thiit  BhouB  t«ne  a-rount  of  cubic  feet  peraecond  flov.im^ 

ovor  a  woir.  under  contn.ct.on  or  without  contriiction, 

0.  '^.iat  >»aa  tlio  width  of  the  wair  in  thie  tunnel  in  w)uch 

tliere  were  tvw  or  t}u*Bf«  -^oirB  in  tho  tunnul** 

A.  Voll,  Uiti  wjirB  vori-xi  in  width,     b«Coai»e  they  wre 

cluiji^^ad  to  suit  th«  ronditionB. 

iU  Havo  you  ^^iven  thfa  Lieaauiiif^onts  on  th«j  diiigrtaa  t}iat  you 


i4 


^08 


have  tlier«,  or  th.  1,  Uthulatod  ot/atera'-nt,  or  ht.vu  you  riYan 

tJu.  ruuuli.? 

A.  Tiiati  if?  tho  rctiuit  of  l-hc  ra<3iinurum<»nt. 

0«  Hovf  Icrv';  //.".vc  you  bi;ufi  cut^iv-jocl  in  Uiat  burin&as'' 

A.  I  couinntU  Btiitd  ©xwjtiy;   I  havo  btftii   WwitiAHj-;  uU  il. 

<m  and  off,  for  tU  or  i;:^  yo^rs,  mirv^yirif:. 

Q,  WiKU'tiobouts"  In  Uiifi  eect-ion  of  U^t,  ctointr)''' 

0.  liio  laitcio  UUB  t&bulutod  Bta^&rsunt^ 

A,   I  bwli.' vti  thttt  Hi  from  Ujts  offset  of  F.T.  Vri.-:'u., 

Q,  Pron  Vflutt  GIG  hto  raiikt;  it,? 

A,  From  »Bii0ur«^junt8  tl.ui  I  aoni  him, 

0.  In  ^i&w  furci  clKi  >ou  sor.fi  hxm  Ih^  rrjeaourwitntrU? 

^i.  Sojao  of  Uitm  Ci*Iculi:.t©(i,  and  some  juot  tbc  depths  of  t)-Q 

irater  over  tho  weir,  wtcI  the  vdd ths  ol*  th     woir, 

Q,  Any  oUior  dutu^ 

A.  Tluj  ciOi/iJia  of  the  xiuXar  in  Uicj  ahafts,  ti.e  el«vution  of 

witer;  yen,   rir. 

Q.  I  c5io«4n  for  t-ht  lotiiiBura'wnoo  of  Vm  '.*tl,«r  over  the  veir, 

tlio  4rf<iount  flowing;  Ihore,   did  you  fiva  bin  uny  other  data, 

tihtm  fiicrply  the  widUi  of  tho  w^ir,  nriri  tho  de..th  of  the 

mit«r  im  "ttio  weir? 

A,  In  nore  inetoncea;   in  somo  jnjjtwices  the  totul  j^ount 

C4ilOUluo6d. 

Q.  I  UK  Bi't'ukaup^  of  thof<e  inatwr)<:t>8,   in  i/tiioh  you  did  not 
B<md  him  your  o\n\  culcidution,  but  Bimply  ti-^  cet.th  of  the 
water  on  thu  weir,  and  ^'  "   v.idth  of  tho  v;eir,  v;b^n  you  did  not  j 
raiiko  tho  calculution  ^iHjranlf ,  did  you  .^-iro  him  tJiy  other 
data  from  wbich  to  aakt.  it? 


1-. 


J09 


,rmiiim\  •. .  ir 


uly 


0,  'ii\iO  ;>]?!.cfi^  fliccr  'tin  t^ert'** 

/*.   They    -oto  ^dtCU:    L::.:;j  ;•    :.7    Ih-u  Siur»   /rjtonio  Wat' r   Co 
I  l'eii0V«?  i;iaccc':  «u'!'tb(.r  .rut  -.Tui  two;   auir  '.U).  b,   I 
(•iii?.f    not.  r1.  •-•t-:'   sut  to   rttiO  |..l<Lc;  <!  tnut;  oro.  '^c,   ?  vfae 

'■,  V-hiirf^HbcME  o.ifi  j-ou  i>i.y  t-iiut  -waa? 

A.  Jr*   V  ?rtr  fit    ;.>'ii  t«o»;ib  of  thti  Lont:  utta^  lunr^d. 

'■ ,  ib.t:  (  ur».;-.-i(  nra  ■  t.Lv,-.!    .."onj^tji) 'j;   tunnel*^ 

i'..  The  (Mic&riunf-t.-.  '^hl&y  CiQc\Uii\y  *  u  turvuii;  yeii,  oii - 

0»  v'c:r?.'  ih^rf    un:\'   c*  .-.nfrKO  nudA'-  in  U'.ui  idii-ce  iiuriu;;;  thtiro 


.v, 


v'o,  air. 


:  .  Tt  r;""taine(J  t?'C  aar^jc  all  tht  t/in»5^ 
A,.   :nL   Jijr'e  fill   ih(;    uiPinj, 

'  .  in  ■'vi-.iK  Itift  }i;:nd  colu'm  I  fino  ^hu.;.  '.he  iiisK^t^  of  (Ju.  oh- 
it(;?-vrtr  i"  0.'',  ,'o''v)eon,   '•no   tJwiur.  x))^  5ii(i(':l<r    of  Iho  r'i.'.j:-rr^ 
i'l.  *;-,  .;''.. T,  WrljR^-t:  Did  you  -V!«7>-i   v,yon,iofr  co  .':c  -icn   Uiojjo 
noanurfr^oTittx  tmc^r  the  h'Hi£iiivr  C."-.  Johnson  uxui  E.T.  WrifV^' 
A.  undtir  '..h..  h.:::r'irs,",  C',K,   TohrsHon  i  die;  undw  uk«  h,;j/?ir!- 
i'],T.  '^V !(..;:,,   no;    I   did  nyl  u^;«iai  h.in  in  ihe  ncuairwicntn, 
!\   At  anoth'.r  pliico,  &t  two  pl?:«fr  or  C'^rwit,   it  ao  r,*4. 
J«i}muon*a  juK'   .'.T,  Wri.c^  t's  nunt'  hotVi  ■■.ij)|it-ija':   ».«rc5   i.rn>rc 
iu(i<,  jointly'^ 

i\,   I  tli.'.nk  you  will  .find  tli«.t   at  n<JptJ'at^  dutfts. 
'],    'OK,  'iavt;':hcir  15  iJ-nr^  T'oyjtnb'ir  10,    '-.rw   i,P'n   ir  Jari«;;.r';  l'.*0^^'* 
A.  Vi  H^  ,'{uiu<Lr,"   /th, 
0,   ■  --.ut  xtt  the  nesxt  ont;  ultv.i    thtj  7th ** 
■',.   A''tyr  V';u    'Mi  -  ■.,^•1]!,  Tanii;  r:  SLh  Tm^   innejrt^d  >^^hirh  w« 


16 


1 
2 

3 
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5 

6 

7 

8 

9 

10 

11 

12 

X     13 


"16 
17 
18 
19 
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22 
23 
24 
25 
26 
27 
28 
29 


0.  Did  you  r\hif:v  tb.use  muuisurtTiunls'* 
'»..  J  '^ad<>  t^'»  ^Ti«  Jtinuar.'  f)th,  htk!  Junmiry  12th,  19f;  . 
T.  Wri^.)  \,  ..  i.^tv;   r.he  nfao'irc.^f  nlfs  January  7t>». 
0.  ihi»:  veir  *^'o,  1  <tnri  weir  2  ijXm  both  in  tho  tiirmrl   ure  V/'ioy 
I',  ynv ,   !.ir;    ounMol  *U>,  ;;i 
0.  ?1-  i.  -i    '^-e   ^      ..        -TiTHil'* 
»..  Yob,   sir, 

0.  Aro  thoLtt  cloco  l.o^'lher*> 
,    Yrtjj,  iiir;  in  1^*'    't.'-e  Vox  . 

0.  VAiut  v.iit»T  done  Uztit  ncas'-iTo'^  Wh«;r«^  rJcio  it  cone  fron** 
/I,  Piirt  of  it  flove  to  Ontario  I  ornBiLna^  utk'  part  '^curronf;**. 
V/utcr  Oocijiany, 

Q,  Wluch  one  of  tbo  vt-i:  8  ie   it  t}u;t  r.etifi'j.rt>e  the  "wator 
t^  at  roon  to  tho  Tuca'-^oTW,  'Vat^T  Por*  arr/' 

Q,  Weir  }\o,  7  i.c  i,v>Rt/  th«5  wnir  tliat  nt*aKVjrofi  the  nun  total 
of  bot.h,  or  rio  you  tjJct;  the  v,\m  totfj.  fron  the  tvo  weire 
mii-.be.r  cHv.  tine'  tv.G? 

A,  '■■•  ir  !;o,   7  is  at  the  riuuUi  jf  V-.e  '  •  -tjiy^e 

Uiir.ul-  Uic  Lone  '^ti^r  t'lnr-el, 

0,    Ami   ^tl_'!  '.-j^U  ::    i*.;,    y.U    ^ul.'.     ::J.u;1>     un    L(!t; 

iUiOuriL  ('i)iU':  over  l:he  two  xreirv   tof';othor? 

A,   JiiUflhsrF.  one  ;.iu;   t.o;  ,      ... 

Q.   78  Uiu  t    oMV  otriji"   -u.Lil  .•;t(.tui^c:n(  '.'re" 

A,  Thoiu  iji,  j,on,  u'^   JiM  chiuft  wc  tv.ll  4  tncl  -^A,    i.ljero   Afi  u 

o<ribi>iui.ion  nnas^jrin,-  box   I'?  'hero,  but  '}tt  V'i..o  ho.-n  sub- 


JtO- 


Ji 


8 
9 
10 
11 
12 
13 


16 

17 
18 
]9 
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23 
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29 


XL 

A.  Thtfct  oeBO^.-nateo  t>ii©  It  vol  of  the  water,  frori  the  aurfaco 
dun  L-o  tlifi   Icvol  of  \hi:    <-;.-ioor  in  fret  and   tcntViB. 

.  V.-o  theae  .■at-uii.a  u::u.iiLb  u:     jic    ..ullti  uil  :-!u.-.tu:i(-;  \..u-    .'itt.r 
fi'oiii  th*:  Biirface  of  tho  ground  to  the  i^ater  It.vcl'^ 

A.   In  all  the  .ell?;  yea,   eir,  oxccj-t  H<dlnan  Vc,  H,  which 

It.   Lv.:x.t;n  iru'i  a  j  omt  ciown  in  Uw;  ohaft,, 

(  .   '\)ou  tbat  /t»;iT«  the  oftj^th  fron  the  point  yov  s^'ak  of  to 

!;       :.-r'^ 

n.    i.J    Lii':    ^iUtcr    i  vViil, 

",  Those  rac amir e^n till  s  of  ?;t«IlB  uro  not  of  the  Iwvel  of  the 
olwvatioTi  of  the  iiirfwti  of  the  .utHr  uhovB  tVe  ooh-levol'* 

0,  But  juet  thf;  tepth  from  the  eurftce  to  the  vnXer^ 

!\.  Ye:-.,  fir. 

••U  So  yuu  co'-Il  no.,  -"woil  iinyttunr;  ;<.t?oat   t^"S  relative 

olt;vt!.tionii  of  iho  difforcnt  welle  hv  Utj  *  r  cdTtm 

/>..  ;  0,   L'lr, 

'31,  OKA^^IAT::  ^fit  crt'  ;ou  offorin;:  ir  ,  -^ 

?']..  B>uTT:    I  w.  o'T-rin;;  in  cvicenm  i,V-r!   i/hi^ltion, 

«;;ce}>^«,  :.noro  ;.cri;icrG  of  it,  thont;  riiusiJ'r  -  ';hich  ure 

Uiuro  i-ooordbd  i.;iide  by  .'ui,  V»ri  rt, 

^1i,   rK,U^lA*::   0.   L^^v  ^if*   ^^-^   •"--  ""'.  .'^'^'^rsrry,   ^  :vr  ^-mi   tVf  r 

oonpjxrtxl  thiti  tahie;   «'i'Ji  liui  ncLcr.  o:    y(uur  o-..7i  cbr-icrvution'' 

/i,  voii,  Jiir;   I  looked  it  ovix  tbcrou-tiiy  j^na  ciicck<;d  it, 

C.   »i,  u:  rnrrect  ir:  :  t'> 

^.  Yea,   r.ii';    it  ia  c;oi  r«>c'^. 


ih,  c: 


lU  ^^hlT^ : 


'.  in  uU. 
■  i   1    iitk   *.h!r    tr,  >:(   -ri?-Vr<J   Plain' iff 'a 


-Xo- 


12 


K^mibit  11;   th^;  Hourt  yiiW  obrorvo  it  io  rontimotiB  vit.h 

p).fi-lntiff*«  Kx^^ibit  6;   c.onnevc.QK  juot  uhou^    o  <.,.,    Tjlain- 

i,i.ff»e  Kx>(ibit  '6  left  off. 

M  Redirect    '         "i tior. 

W.,  BKITT,   0,  '^-iV"  yoi)     v^'t'  '^'  '  ^^  "'•      nc  co  "^^  +^''    '^vjcuraonira 

irti.ah  hotvi'iein  Uio  red  Idlle   or  ruci-^ion/wa  f?|)rinrB,   tinfi  tVe 

not-t^  f,f  tho  f^ura-jorra.  Cany  on  to  tht?  north* 

,\.  "^"ci, ,  aar;   .^t  differont  ti?t!«»8. 

r.  Ptat€i  I'^tither  you  hfive  bo«T)  to  Uu?  raout>i  of  Uw  canyon 

in  linos  vA  en  tb^re  vac  any  conBidcry-blr  ptrcfiT:  cf  water 

flcvin  -  from  tlie  »ncimt>»iinE  liiy^  *"  ■''•  T'lcpin''  l<m<iB  bclov*** 

/'.  Yep,   1\n?t   fifter  u  ndnffcll. ,   Rev'sr.- 1  t,.ir.ioB. 

(>,  Hrfn  vou  ra;"  ?/ben  you  Ixirim  to  obyorvf  tho   flovc*  of  water 

fron  ihc  cujiycn' 

.'^.   T  coiild?i»t  Rny  to  tbf»  rrjitije!  exf^ctly;   I  have  *r«<'d©  Bcvfirul 

trips  to  the  r^^nyon,  durinj'-  tb«  'winter  ti^o  >rvi  alao  in  tht 

rr  I'-'-nf^r, 

0,  Pry  y<?fiiri!  end  wet  ywfirff* 

A,  «-«M«,   nir, 

'\    !\>nci  corrpjoncint^  itbout   »h<jt  tin«*  Wh<in  did  yci  first  be/.-^in 

to  obpfln'p  thfl  flov  of  vut«r  ont  of  t>io  cwun  tb^rr ,  t»h<in 

t>iftro  wj'.e  any  to  fl.ow'  You  BRid  von  bud  b^^-^n  in  tb??t  oountiy 

nxnc**  '^""^  or  •f'^' 

A,  •^.>  or  'fVi;  yen,  nir;  iwll,  I  hH??;  Vnown  it  <»t  diffarent 

t^n^R  all  t^rorrl'  iho?***  peric^M, 

,  ".  ••^  ^>'ir    vou  n7»-r  bien  uj)  in  !>"*  r»Hnvon  tcr.^  r'^  ^^^     ■•,.'^■^ 
of  tho  mounti.ns  nhftro  th«  crn^k  bt 

A.  Von  ^  Rirj   I  h 'TO  b-    n  up  ovur  -.drat  tb^^y   c«ll  t^o  8«?ronri 
fulln  in  ^nr/rion-'a  Canyon. 


JUl 


JXcj 


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29 


C  ^rof!  w'nat  eoiirr'"!  dofc«  tb*;   uator  rono  T?}uch  sr.er-'ia  on  to 
th".  Vl'^^'fl'>    OJ'   COLlpzir-itiVf*-;      l;un  t'i-:u-)trv'.    ut  t>'t:  mouth 
ox"  UitJ  (7uc?«:.ior;^':r!>  "cm on' 
r.,  ^ell,  it  ii3  from  roinftdl,  ur^^'  enow  tht.t  ic  cq  rited     in 

»    ('diiiu  liUVi!  yt-u  v'biiLrxM^c  loj   v.o   Uie  'ixtent.  of   the  vXraua 
■hlch  /.n  '-•  ■!HJ8  of  Cv,nRidt.r::l:l^i  rn^inf'jJ.l  •  z  froni  ihe 

Cjj!Vor5  at  t>i<'   foot  o*"  th^:  ^-^.^y.^^.u  ir^'* 

U   Vf;ll,   thn  .;  :".it,  b'j(.r:  ui^::!t:;  wjjt;n  j.'    ?;w,  uui-n   a-i  ctjiubio   oo 
croet  U:(i  nUeum  to  f^^i't  fro!?i  t}».e  went  to  i:.h6  uact     or  east 
no  +be  v.-cj-t;    I  f^oiild  ^ndr'-'  !t   ip  'A)  or  /iO  or   '0  ft-ist  ride 
ill    'i:a;uu;    U-i'iti   in  i.  ctr.LiC'^i.\.v)A:   vvldn^  o:    ..tiXL^r  c-;'..n/^  ci'-n 
/;.,  I'UBcribo  the  tUQpe  of  thn  )  «3c!  of  t  h«  Ktrviaa  ut  the  j>lfico 
'.'■♦irtrt!   il  fiebcTirhrr,  frriii  tho  '-'ub'nt.j  ins  t-n         i^«-  tAi  i/j  \a'n}\'^*> 
.1,   .;i;xi,   Lhcro  ^.uiic  b«  it  rdopc  ti.tr';  j. rob;. My  u-"  -  i  nuvc 

lovtr  i<;vt;lud  it  t;xu(:tly  -  Beit  1  Y*^r  f ivh  Viuntirttd  ft«fct 

^o  tho  !nxi«. 

",  i^osm    .-iwtur  fiov  pr^^tby  K.v.t'-u  ;:;ert;  in  t/irue  of  rL.infjill' 
A.  Y^ii,  «ii*. 

'^,    '■!.:.    ^  t  ^'  -VO  vc-.j    .)>>?». -rrnv''    ::n    to   fro    r-<'^  r'n*.    t."i   ■..hirh   tV< 

vHiJ^or  ci;j,.vjvmai'a,   in  «iu.x,  n.;jj  bocr>  toiras^iO  the  dohrie  rone, 

u*.i  Uio  r/ioiith  iif  tiin  canyon'* 

A.   V>n-^    ?i    7;r!l    f1;':-;L.->i>.-  -r  n^r.tt'  r';,adly.     ?''■••*.    .-      ccorriin"; 

I/O  Uio  vi>Avij'j..  or  wuu.rj   f3o:*..«    '«;*j*r  it  flo^;(i  1.  c  naideruble 

(ii«t!*iM!e  froM  *i»«  can  von  b<'fo-  <Hurin"  alt^  r, 

0,   x.rat  ]''vo  you  not  in.  r'  *-.>>cnjt,  iVp  v.y  r.^     if  *^^r,  riif(;,,,,.Mfa-anco 

<j;.   uit   wU't/iSJ,  V'0tw..cn  U.o  Cura-  w,  rin;"B,   fcjri  tht»  ?«iouth 

of  th«  c<ir>yon  if  hti  '^ 

.  "  » il ,   v-Tu  r<    too  r,trftcr!  in  y-^ry  •e.^r;'",   ofrir.?.-,- ••    it  tr  Tolr 


fL 


IIp^ 


ao 


^14 


ovor  tjuibt*  i;.  \jxx.  cf  t;i.,,ntry;   othurwiatt  it  aini:ii  bbforo  it 
jr«jt»ii  to  the  BprirvB, 

Q.  Stuitt  whfcit  you  tu.ve  oblil^rv^^d  if  &nythin<^p  ua  to  '..he 
c<mt2nni-ty  of  U*€>  ■'  1  o*-  irfare  of  th«i  tToiino,  bc- 

twctjn  Uu;   itout}!  of  i.hc  ctui^on  urid  the  Cue* ; . :  in^**  ? 

/ «  T-ili,  ii..  floAB  in  a  BoutheL.Gt:irly  directittn  fnc.^.  the 
aouth  tif  uhii  cL-'-.jon  till   it  i.usatjci  -  'V  .a  I    uif...! 

!)<«(!  of  U'.e  Cii  ii.   ^-.hIi  i^uacon  the  ai-rin-r^t,  -  i.'o.B3e8 

tfiiouf')!',  isjittt  Ui«j>"  Ctill  thfi  rtj(i  hill. 

Q,  toiioji  thiiii  strdiiT  (.'iat; .  cui'X  ceiscriho  xte  naninjr  of  oia- 
iii4*e«u^.:actt,  Ci't,etb-sr  it  ^ettrs  out  firtjt  u^ovj)  or  bolow  , 
patera  cut  at  U*  i-'j^-ut}'  of  the  ©{Jiyon  firtit,  or  c»5t,oe8 
.flojtii^',  o'uv«n  obouTi  Uie  iiaa^  Linti,  or  t-.t  Uia  Cucairiorif^a  Kprini-R 


fix&t? 


.  .   It  c:;ms--8  flowin  -  o»..'io\?,   <iJK!  frrmiaulr.    cwaees    -v-.^iTds 
tMtJ  north. 

(]»  Larir*^  w}ii»,t  ^iarioc  of  ^k'/ulaiii  coosiktion  wriut  h^Te  you 
aoticsjfi  s^a  to  uiu  recf-ptitclt   for  t"-      vuttr'  It  rf.uni  ,  y.'  tosne- 
nhcrti  i  orQ6im«3:  mutt  becowes  of  iu^ 
A.   I  prosuMb  Ro;    it  ffc»»t!    into  iJi'--  ^TTound. 
,,  ti^mt  lis  tJiu    u,-^.i       a     ...  ..  ^^,rouna  acropa  that  strip  tru/* 
iM;re£^U  by   wie  stroaM,   iiiiire  it  ^racruciliy  diG*^^  Ci^rs,  bo- 
t^>0:;U  th«  Qoutii  of  tJio  ciJ'von  ttrc  tha  flucanon?^  ;'!jriTi>'3iT 
/..  Sfc-^iiiju^ly  fsy-iX^l;   tu  .i>     ..    .. ^  v^.m'     o,<er. 
•   ,    .-'••",«.  y^^y  ^^^,  ^^^T^y  rofurriii^  to  the  axiriaxin, 

iiiif  fJillT'I;   I  ittj  <.«-.iiir  :.iia  about  the  jjv*rfaco» 
G,  /favo  you  evirr  nwoic  finy  bori/v's,  or  t^>«ioti :      '-^     -..kinf;  ui^ 

borin^ca  or  til,  .    buaouth  the  tiirfuvM  ovor  tiiuL  utrip  of 

IfU'ritory,  b«tr«,\ton  tiie  '  .        .,,   Kmj   the  inouth  of 


ji.5 


1 

2 
3 
4 

5 

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7 

8 

9 

10 

11 

12 

13 


2  1;  ►- 

S  0  2  14 


'    2  "  O    ir 

I  a  -i  I  15 
n  <  ui 

-  a. 

-•   U   3 

n6 


il,  Yoi-:,   sir  ;  I  H-.iVo. 


17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


0.   ^'hor»i'> 

■'.   ■'Ii-  ,   I  hav«  ;d   in  t'u.  i'lnneln  t'  i    i'\    ivul 

hnvf}  ivvwrvi^nr   *'^"    tiUnnalinr-  oor-^''  ^  ^'^      <^^  ''^'^ 

';.   I  jiuB  'ii:'/J»i.-    'ou  'ii^ont,  that  country    bat'itcon  the  Cue 
flprln^TB  inif.  the  nm.ith     f  Vno  c»nyon*> 

'  .  ^'<;l.l,  r.oEK*  of  thftm  wool'.?  luy  ^^   '       n  -  not  dii-ftct  m  th<» 
Hml  of  t>if>  o>uannel,-  o-^'f  to  tbe  Blrlo  in  the  rod  hill. 

,  ^hixt  hiiva  you  noliceci  in  "fJ^at  ecor-e  of  ^'"--^tr.vrr  ^Vi^j-v 
».<1)oiit  flcattnred  rh'nnelB  if  ar.yl.^unfr,    ^hethtrr  t]»6  chfinnel 
in  ntivdfrht,  either    i  Btraidit  or  «  BinuouF.  well-cefmod 
uat«ir  courjjo,  or  w}K»t>Kir  nhdrn  aro  .\  vm-it^ty  of  rliannele, 
i.  d?>orf5it>3-  of  chrnnclB'' 

\.    "ftlX,  m  son«  inntrnof.'^   it  ia  ono  way  and  jjupih  anot>ier; 
tborf'  Bciv-i  to  be  '^tcrlcert  dvinnalB  in  x.li-coo,   and  ai»  v.<'  rat 
Airt>i«5r  j4on«^  it  f.ll  oeonrd  to  b«  in  ona  bod, 
'\     ;,    fiu-iiher  fOLon-"  '.4\Kt  do  ;  -/u  nwrn!^ 
A»  l'\irt'.ftr  in  thf    ti.innc:!  driftinr. 

'•«  ?p11,   X     'in)   you  mis  nciorctood  n©  but  thut  lo  all  rif';>it. 
'Vi<,  T  •^•^H  nnVin'^  you  i-^bo'it  tbtj  »>iur"^acr  channel  botweon  Ui© 
Oact.  '>'u:!i  ^)riiv»:8,  and  th«  r.outb     ''     •  •:  can^on'i' 
;t,  '^cll,  tboy  arw  co'n{>ofiet'  or  --i  jv«1  iirinrir'tJLly,    tutpI  bods. 

n.  Pt.';t«  ?*i»!  h**r  tboro  ch'inn€»lr  are  oontinuoua,  »»fdl  defined 
:««nr'<od  by  dofinod  binkn,  or   •^(*tv>.»r  i^uey  wu-'u-  •    ;.i'^i >-   --r  loea 
>)V»r  the  bwfacft  of  tho  pround,   •  n  T,ho  rucuj-sonaiu  r^prinp;B 

imf\  t>'0  rv>iit>»  of  tbo  f'ucti'ncn  ..  canyon* 


•ol 


f'uo  L'^'orvf^  '*•■'  'b   i"-H«lf  :  r?  fr^rly  v/cH  defined; 


.JJL6. 


Thoro  xt  brijic!    u  'Vo!n  that  vidiero  it  has  becono  fouled  wid 
ojireiid  out, 

;.■•  Il<iva  you  rjotic^id  therd  any  inciiCfetinna  of  u  dobriB  cone 
at  tlio  noiTt,>i  of  t>'e  CHnyon,  wkI  thence  spread  insr  toward  the 

i)*  I  hiJtit  been  over  oonw  of  it;  yeo,  oir, 
r.  Are  you  uble  to  cioncrilo  it«  diracnsionp'  I  oon't  icnow 
whothwr  you  mude  u  uufficiunt  obBorviitaon  for  r.  ;  1  *> 
A,  Well,   thtit  cone  .vill  cover  Boverul  equuro  mii*.B;   I  t.oi^  't 
i:no.   junt   -jJiut  the  uroa  Ib;  I  huVG  novdr  sToitB^u'ed  imtl 
oon.mtod  it. 

'  »  rtato  rfhothor  you  uctod  ae  zjmioro  for  uiio  diutribation 
of  vv&ttjr  around  the  red  liili,   and  fron  the  Ciicaiaon/'u  8priAi-a? 
1^    T    jip    zoijero  -froTii  ^act^'b-r  T'O,?,  un-il   AufT.iot   of    this 
i<ajt  yo.-a',  Au^-na.t  .iret, 

\  Were  you  living  Ihore  eo  that  you  r  r  -  did  you  make 

ijuob  obaorviition  ho  tb<it  vou  rerierabtsr  the  condition  of  the 
watar  on  tlio  «aat  fii(i«j  of  the  rtti  liill  as  ffu'  buck  uo  'B^S' 
A.  I  coiil('.n»L  Biiy  t)iat  I  had  '^t^fe  any  very  e<irTy  obaarvationfl 
T,^it<  r  A  ^i':V(>, 

",  '^'avo  you  any  uocurnte  recollection  now  as  to   the  tine 
M)ion  tho  vmtur  b«fi;«ui  to  dinuuninx  and  dry  uji  in  the 
(?jicuwonra  nprin^^  um  Cione^rue^ 

A.  Tt  ifjiB  Buvwrul  yojiTB  uftor  I  wat   there  thut  it  co>T'!flncod 
to  dry  up;   I  coulrinit  Bt»ite  the  dtite  ex'^^tly;   aou*'  five 
or  nix  yojiTB  it  co'^anoncod  to  dininiah, 
''.  '^b<n  die  you  bocono  zn.itro** 
A,    In  lVJO</>b<il-   I'vOi:, 
'\   lou  lijjd  rv>v«r  bendlod   the  Mattr  b«fiir<'  th«t' 


_Eii. 


IT 


A.  No,   air. 

0.   '""or  ih\on  wert!  you  eanirro   'Vt.>n^ 

A.  The  Oncjsrr.OTu^tt  Water  r.ou,.i  7. 

0,    'horf;  vvtTfl  you  rftcoiviiv-  tiio  wat«»r  fron  fih^  Kiif^ie  Turo»ol*> 

.1.  Fron  tunnels  'md  uwlls,  (Tucn-^on^a  Vi-i(?r  (Io't  u"  *a  [)roi»ertv 

0,  .li<;  you  h>indlf-  .Jiy  v»ftt»r  for  th««     tv'  ••ji.vjjuu    juoir 
OoHjiarri'? 

u  Mo,  Bir,  £1: 

i^ftcrooe  Kxwn.n  .  .-.on, 
"li.  O'^AP'tA!!,  0,  You  B;)«nk  of  the  r«c«non>''u  uLre-.m  fljwinr 
bijt. .     n  '!>fK'i  rod  >!ille:  v*i?it  did  you  have  reference  to  as 
thi)  rod  hillR*^ 

.  ''>'•  tV>«r«  tftB  ^i  d->drj  of  red  Mils  that  you  can  ot,  ;  by 
nho  diR/;?*ii~i  tJiere  iMht  l'?v  in  faction  A  and  4. 
.,  What  di^JifCT'^ri  iio    .^-u  i '-5    i    uu' 

.  T>UB  one  h  Te. 
rli;,  .^hlTT:  VvJiai,  you  ure  lookin/:'  :^t  ia  ruo-kod  '^liuntiff'u 
l?:d^ibit  1. 

'.\  Nuw,  en  thin  plaintiff* «       '      it  1  -MA.  roproBonta  the 
vix'i  hillr  t^-fit  r'rr  n-rx^   -  of,   <^»^C'  Vot  :orn  v;^-'irh  thr^ 
(?»iC<jji;ruTu  i;rut  t   no  u? 

,.  *'ell,  it  io  thcue  herf  u\d  on  thic  Hido, 

.   Jr^  I'tor+ion  •'!' 
:\,    in  ::L!Cv'j.un  '*    j^ni   iP   boctiori  o. 

.  V}j  ;ro  Tio^  ip  thf;  flotp  of  tho  ttirti:.^^ 
;■'.  ';'*'- n  T>ci^^  ri/'+it  her  ft, 
('.  ■•»!J*koo   in   'i.-'C" 
A,  vci;,    air, 
0,  TJo;;  fiu*  ivf  uTt  uro  tiie  two  red  hiiih  botwocn  *]uch  it  floi*8. 


2^1 


Jl. 


A.  Veil,  thoy  are  i:ro.c\>ichl\y  juincd;   Uipre  in  aimi^ly  a 

ttoijreiijjion  i'omdd  thcro  by  the  *utcr  running-  bt^twtcn  thtt 

i»i«o  hillc, 

■  \  'ftliiit  IK  U'.G  wiaui  or   vhii-U  cJCi-rutiUxon  bbtwotin  the  «vro 

lulle  t!iJ-ou  ii  arudi  Uio  «iatt»r  fiowa? 

A.  ^fsll,  tbe  exJiCt     idtV.   ■■'■^  Uie  uattxi  itBolf,-  the  uxuct  bt;(i 

ol*  liio  \««kJih  itBolf  wili  vwy  all  the  way  from  uj  to 

j)robuhiy  100  or  10  ffot, 

r>.  Hc;t,^*iori  r.ho  hills'? 

A.  iiot\fiJ-n  th.o  hills,  tho  bod  of  the  vvusli. 

(>,  Wlutt  piU't.  of  tho  vail«y  bot-.nuen  thoee  hilie  >.ill  thiit 

IDO  o^  VrO  fert  or.ver''- 

n,  M'wix,  iU  covoru  from  Uio  -  vrell,  it  nmu  Uuoudi  the 

bj-lls;   I  don't  Know   .^iiX  urtsa  it  -.vill  cover  in  inmnirig. 

0,   I  ?aT  talking;  more  n«irticuliii-ly  abortt  tiw  plact   Ahertj  tJie 

i/aaii  oi"  thfe  ('ucainon(/;a  Cr*«:t.k  ab  u/iiTlcfsd  betwus-.n  uhc  iwo  r«i 

hilio.    ^hat  I  am  askinfr  you  is,  w'lat   U  the  (listtncfl  fr<»n 

t)t8  bauo  of  on-^  or  thotje  lulle  to  Uu;  oiiier? 

A.  Ao  I   SKiy  from  -'iO  or  iX)  to  1;/)  feot  •*i(l<*. 

0,  Vorth  of  *hi)UQ  h.iils  »/hut  is  t>'.e  d^aruc^-or  of  ihw  country* 

A.  It  wafc  conBidorubly  brokt;n,  coni:iBtB  of  thti  fmxn  waah, 

iath   ifi-toriefj  liSMiiwj  into    «li(i  muin  via^'li, 

(}*  Hou'  dooa  thfc  toijogrujjhy  of  that  fcect.i.oft  co'.\  ui'o  v.ith 

that  pliuje  idiero  thoae  two  hille  ni'v  ryprobuntec" 

iU  Aft«r  you  ieavo  the  rod  hiiif.  thtr»j  ia  n.  fr^ru'iual  riee 

toward  a  the  mount  urns. 

'\  ■^^'l-.,   eant   und    *eot  \i!^at   ic  tho  cJiia-acU^r  of  t.ho  country'' 

ProCojLCidHy  Ifcvol^ 

A.  rt  is  practically  l^tyf;l  oust  fci.nii   '*o»it;   north  una  uouth 


4iii- 


Jl9 


1 

2 
3 

4 

5 

b 

7 

8 

9 

10 

11 

12 

X     13 


'16 

17 
18 
]9 
20 
21 

23 

24 
25 
26 
27 
28 
29 


ymi  Yit'jfL  c.  f/JlI, 

Q,  Anr'  t>*.B  i>loln  uhore  thu  ttyo  hillH,  abrsut  "^h«.t  is  tho 
ttidt)i  of  it  from  aatt  to  w»*tt 

A.  foil,  I  don't  quitfc  '.in^'TBttaid  thflt,  ^hat  you  vimt  raa 

',.>  covtji'  in  l-hat  (|ue8tion# 

'\.  '^1i<in  you  rome  ovit  of  the  rnouUi  cf  th«  cwnyon,   t^'e  water 

t)um  poiiTB  out.  upon  thi«  iJltdn,  or  the  ;..'3*ttvol  bedR  that  lie 

at   Uk.  foot  of  tbfi  raountuln? 

A.  YoH,  fjir. 

C\  Kov.',   froM  eaat  to  %«st  Kiut  ie  tlu:  cr;untct' nof  that 

nouiitTj'*^    1^-"  etrfeijn  ie  not  ^selled  in  >y  i?m>un.':.inp     all  t>ie 

way  lU)  <it  this  point  of  ii«luch  you  huva  boon  poeakinr'-'* 

A.  No,  tir, 

'„  AVh-uI.     i'iii.  ia  the-  nidth  of  th<;^  tnint  zYa'owrh  vhor*?  to  tlio 

tnjunlainti  on  'iitltor  oidei  ^f  it,  or  uj'o  thorc  yi»y  <jtt  all? 

A.  Tliorfi  oro  no  mcuntainB  on  v.ithor  nicto  .  f  tttr  it  1<:hv«s 

ttitj  cunvona. 

0,  TToTji  far  ie  it  flrora  tho  (?ucuinon^ra  Spriiv^  to  tho  month 

of  the  ounyon? 

A,  I  hiiyti  ntivor  inoamirud;   I  ahoul(!  j'>rige  four  milog. 

0.  ^'hm'c  (iif)  y  u  gay  th«»  wui.t?r  firat  bo^ina  to  diaiiPpear, 

on  tlic  r.'.u'f^ico  of  thcj  ^-r.-unci  in  Ihts  Cuci«iuu-u  r^r-  ;;k? 

f'..   TO  (iB'xmt'a  un   vi'.'.u   u^-vw   j/  ;,i-.-ar  ;   diffe.iuni.   M.^.iee,   frwn 

t)i«  moa1<h  cloar  to  t}i«  8i)rinf)^B;   at  tia«o  it  wfcnt  ty  the 

ii])rin/*B. 

W.  yi*  rimri  by    .hu  B^-rin^'-^a? 

A.  TcB,  air. 

0,  Ho«  Ion'-  ( ooB  it  ccwtinuo  lo  do  that'  How  laV-j  in  the 

Kutoson? 


*,v  - 


jML 


^i^M. 


1 

2 

3 

4 

5 
6 


A.  Thojjo  later  years  it  is;  not  riannini^  by  there  so  nuch  as 

horotofore;  I  huve  uecn  it  rim  thoru  throu^'li  the  bod  of  the 

wtish  up  till  June,  \nuKl  the  Ourtanonga  ^prirvra;  that  haa 

boon  i>robiU)ly  14  or  iij  years  u^o;   I  d<m*t  re^ivribt^r  eract, 

0.  You  aay  in  rocwrit  ^/^^^'s  it  docs  not  run  Uu-oii/'fi  there 

80  loi){-:  about     ii&t  time  of  the  y;^^  &r  do«e  it  run  throurfi? 

A,  Well,  it  hSfcS  I'un  as  lute  as  Miqr 

Q,  Iftiat  year? 

i\.  In  1V06  -  in  190L  end  '06,   I  bolieve  it  haa  run  pi.et  Lhere, 

Q.  Ae  lia.t<»  ae     ay^ 

A.  Yes,  fjir, 

Q.  Mion  it  be^sina  to  dry  ujj  entirely,  at  idiat  place  along 

til  a  Ouca:nom^&  rrook  does  it  dry  first? 

iU  It  ccniioncee  at  Uio  lower  £>nd  i;iui  cries  to  ards  the 

mountains. 

0,  About  Tdiero  does  it  ^isuppear  first? 

/i.  It  «*iii  ciBt4>i>our,-  it  doj^mcU;  on  tiio  wiotuit  of  water 

Gtmir^  dooHf*  at  Uie  lower  end  it  diBi4)i.'ti'irB  first,  ia\& 

jtrof  8  towi^rds  tha  hill. 

0,  Vail,  flous  it  depend  en  the  quantity  of  water  t>'.iit  flows 

dfWfn?  Don't  it  beK,in  to  diu^^piaar  at  itbout  t)ie  ^aivu  ^iitce 

all  the  tiia«? 

A.  That  I  couldntt  state;  I  h&ve  never  made  any  obserTution 

direct  'vO  Uiat, 

Q,  Dooa  it  diBi4)>it,;«r  beloiif  tho  rod  hills  first,  or  doos  it 

disfij^peor  above  that  place? 

/\.  It  dinfai)puarB  below  the  red  hills  first. 

Q.  Then  gr<uiually  tho  dry  lend  recedes  up  to  the  laouth  of 

tlie  canyon? 


A.  y«B,  Bir. 

(?♦  You  aay  Ui&x.  the  oause  of  tho  diBUi;}'eter>.Jice  of  th» 

3  Wit^r  is  Uiat  it  £^oo»  into  the  fgroxmd^ 

4  A,  Yoa,  {iii*. 
0.  T>oca  .^vo^por.'iiion  havo  nothinr'  to  do  arith  it' 
A.  pr ooifiiabiy  tjo;  yoe,  oil*. 
Q.  Ik)n*t  :Lt  htive  t*  f'jrtiut  dodl   >-o  do  with  it? 
A.  Not  ill  the;  J36*iBun  that   the  water  18  nainiiis?  there 
it  '.vOUidi^iH  have  a  ji^e«.t   efl^ect, 
Q,  I  Esaan  wh«n  it  bft/igins  to  dinappoiir? 
A*  W^ll     t}\at  v^otilc  depend  on  tho  seacon,  "whether  it  wm 
oxceecliri^tly  dry  or  dapj|). 

Q,  Svaporatiun  *ouid  Tuiy  ofcoiurs©  u^cordint;  to  ^htitlu^r  it 
mm  hot  or  cold ,  a  dr,   wint!  or  a  humid  atnosphero* 
A,  Yoi}^  air. 

Q,  But  itin»t  wVi.poration  vary  c  onJiider<l)le  uLl  tiie  tisM^ 
A,  Not  ttll  the  tide,  no, 

Q,  f!i«,v«  you  ovor  WMla  bny  Utala  of  it     to  sot  idi&t  tho  «nount 
of  cviij>or.-ition  v.ae^ 
A,  Not  taiy  direct  teste  no, 

0.  War©  you  ev^^r  noticed  -.^htthtar  there  ie  &  difference  he- 
t^roen  tl»  amount  of  v;fi,tter  flowing :;  there  in  t>>o  eurlv 
Koming  wnd  in  th^  ttftemoon  at  three  or  four  o'clock^ 
A.  Tee,  sir;   there  iii  &  f  iffer«snco, 
(}•  ieucJi  dilferoinc6'> 
A,  Hot   :jny  con«idere  •  lif>  difergnco, 

Q,  About,  how  mucii  wator  flows  down  that  streaa  in  «n  ordinary 
uvur^?fi  neitBon,  for  t>Ki  laet  four  or  five  yeurs,  hm  late  aa 
/ii)riX,  in  tb£vt  place? 


^ja 


jje2 


A.  Wall,  thero  wui  very  liLtle  water  that   would  gt)  dotm  to 

tlio  B])ring8  ae  late  i^B  t>>at. 

Q.  Woll,  in  Mardh   Uicn'^  About  how  ranch  flows  uhuro  in  '•uroh 

of  tho  avortifr.©  BOaeon  of  the  1-  »t  four  or  fivo^ 

A.  tali,  Ji  htvo  nuvor  cornijuted  that  bo  tiiat  I  could  aay, 

roaeonably,  on  it;  thoro  b.a  bt3!;n  u^  ^^     uiov ,  buw  I  rover 

took  exact  MuasuroaentB  on  it,  <arjd   i   could  ft  atato  tho 

quantity, 

{},  Navtir  nmie  &ny  vmutaa-uci.n^s  oi  xl? 

A,  >lo  noaaureMcntB  ciiroct  no. 

iU  I5ic  you  r.ukc  any  iipproiimationr:  of  it** 

A,  No,   iir;  no  i».i-jjroxifl!ation8. 

Q»  Po  you  fo^oa  about  ^fiib^t  t^ie  ';a"ade  of  the  country  it, 

^lat  t}ie  inclination  is,  belo^.v  thoeo  rwi  bille  towui'd 

the  BOutlri? 

A.  Woll,  it  %'ill  drop  off  probably  100  ftjtit  to  t}K>  rail*. 

Aa  you  f^  further  down  m  the  va.lley  - 

Q,  I  EH;iin  to  Uib  hill? 

A,  rdroct  thtr<5  it  would  ha  uhmil  livO  feat  to  the  mile. 

C.  Tl'ie  wi.t<.r  from  that  or  ok  iu  tdl  diverted  now,  ©ithor 

botveon  thosd  rod  hiile,  or  btforo  it  (v^u  fmy  far  into 

tho  ▼idley*' 

A.  Yob,  air. 

Q,  Aqu  tukun  xn  *hi.t  diroction'^ 

A.  TaU»n  from  tho  Ciic^ioai^a  rprin^'-a,  t!i:on  to  the   east, 

ii.  You  tiuy   iliat  you  liuvc  boon  diotribiain^  water  for  the 

(?ucunonr"-  ^'at«r  OoriMany     frora  Docoibor,  1'jO'^,  until  when' 

A.  Prom  Docoiibor,  l^^O;,,  unT.il  August  iirat,  li>07. 

Q.  And  that  you  Tiwru  aupor.ntendin^  the  dietribution  of  the 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


_29 

wiitrr  from  the;  t/unn=:;l8  imci   ..idlr>  of  the  Cuciwoiiga  V^at«r 


17 

18 

19 

20 

21 

22 

23, 

24 

25 

26 

27 

28 

29 


P,  Teii,   Bir. 

0,  'i*^»«id-,  timnolo  jJid  ^^oIIh  fUd  you  r«f-:>r  to^ 

A,  Well,  l^iftii  7.0T'1('  h<;  frw^  '^  =  *'  Kiidift  tunnol,  or  t -rir.el 

ViO,  7,  or  T.cmb  Str^ir  mnnttl,   i»£  j.t  in  (?all«0, 

0,  And  vrhiit   .wlle« 

A.  Tl-sti  'rslb^  frora  t,h«  90  acre  tract  a^v?  -^ii^  i.one  '^t.^,-  tract. 

Q.  \%i>re  is  the  90  acre  traot  lo  which  y<u  reior** 

.1.  jt  ij^  on  the  ^^eftt  isido  of  the  red  Mil,  or  [vxt  of  the 

rod  hill  on  ^'"^  -yeatwly  side, 

0,  T\H'.  8(;  !(a*«  thai  ia  merkcd'* 

A.  Yen,  thits  v-oint  h«ru, 

0.  ■?;!i<jre  iO  the  Kaciie  timncl  located? 

/I,  'H-iB  lin«  hwo  deeifinateD  it,  the  mouth,  uy\  it  runa  from 

t>lf,      6)1    14. 

0.   n  r-mii  thTon-jii  the  '^0  «jr3  tri;ct' 

A,  •<»««,   pir;   tlsrourh  the  ^^0  nc.rc   trii,rt, 

0»  ?^iat    mil  a  rtid  you  refer  vo  m  the  W  &ore  tr<-.ct? 

A,  The  Oii(»riF!onf';a  Wat  or  ('onj)tjJTy' » a  v'IIr  'ire  till  on  tJie  90 

iiorc  tract;  thoy  htive  h  Bj^etem  of  •oils  in  through  horo; 

v«ry  f«v7  flo'fdn^-;  now,  excoi.t  the  one  at  th«  cci^ibimition 

divjoion  hox,    'nri   t-s^o  ou':-  on  the  tunnel  No.  ''•. 

\\  Tnat  one  tih  the  combination  aiviaion  box  ia  niM*«red  nhat 

If  it  )■!  p.  i\  nunbcr' 

A.  Vt'll,  I  eon't    -now  ob  therw  is  on«  ri,c^l>  therw  at  that 

divi«ion  hox;   it  ie  .fnrt>»'ir  in  the  tunnel. 

:).  Is  that  thu  on«  you  refwr  to  ^e  the  bi§Jt  w«ll? 

'».  ?<o,  not  the  bl/r  vwll. 


m 


j4^ 


Q,  Tho  bifl;  .^ell  io  further  ujj  the  l^urmol^ 

A.  Dn  the  Ont<ii'io  Pov.er  Coni5)aiiy»B  Itrnd;  yaa,  «ir. 

0,  The  TK»e  Star  tunnel  io  on  p^irt  ol*  iJio  rJuctinoii«;t.  Wc^tor 

CutiiJ  wi)  •  B  |>i  op  or  ty' 

A.  Y^B,  Dir, 

(),  And  i'cs  welio  aj-©  !i,ll  on  the  O'O  ;.juru  u-act'> 

A.  Then;  h*.?ft  wdlls  on  the  90  ucra  tract;   on  uis  Lori*  SWo* 

tract. 

0,  Dia  ^^i}^  dlf  i-ributo  wi*.Ler  fca*  th«  Cucuno'if^u.  ^n-i^tinf^ 

A,  The  OucjJiOiV;^  yat.ir  C<M(^"70diy, 

0.  Ilie  i!u{;iij:.o;ii:^5E  Trr;i.gt..tin»^  Com^iJiiy? 

'U  T^  in  an  irrimitiiv'  ooraj<iny;  yes,  air, 

'■).  Did  yovi  )ii../o  a7iyti'i.i/\"  to  do  with  th«  dirtribution  of 

t}'.e  wttttir  of  the  Old  Settlei's  Oanj>any? 

A.  He,  non«  vhat**v<3r, 

Q.  Triouo  Kteiiii  on  thi)  "»0     cry  xraat^  iind  th«  Londi  Star 

tuiin«l  («nd  the  }<lai!itj  oonrn^,  conotituti^a  all  of  tha  waters 

of  which  you  'xv^i^  the  iitti  •<«.•: orient  ;-sii6  uifctribui>ion  fuv  Llie 

Onctworv;.'*  wu.tur  Cot75it*?>y? 

A.  veti,  air;  90  (cre   •^r'.ci/   uid  Lono  Rtur  tr^ict. 

'?.  'To'-v  lon^*  did  you  Bay  you  hiid  bc(m  ?iucquainted  with  th« 

divoruion  iund  ua(}  of  tho  wit^jre  of  Uig  r!ucaT.onf;£ir  Oreek? 

A.  ^vhy,  ainco  'Bi^;  thut  ia  7iot  tir'^ctly;  indir*rtly. 

vi,  \t)io  ..'OB  diyori-in^;;  tli<*  7.atjr  in  lJ;i'!";,  azici  viJioro  wus  it 

huii^r  ui>ed  tlion'^ 

A,  It  '^aa  1mjih<,;  lUj-^d  by   trio  ('uc.»raont;u  l.'olony, 

Q.  About  viiiut  axtent  of  cocmtry  did  that  cover'* 

A.  I  don't  knov  Vixh  ucreaga  ^xatXi'j  vX  thui  tizac. 


Oc 


iSl 


M 


9 

10 
11 
12 
13 


2  1-1- 

<  u,  o 
Z  ":  5 

5-il5 

8)  <  uj 

-    Q. 
.  J"  = 


Q,  Were  tViO  pIkcob  di  "f oront  fron  v?htr<;  the  water  ie  nov?  usadt 

A.  ?o.u:.  3"*  'Jioia  yeo. 


T . .. 
JUL 


.^1 . 


16 

17 


18 
39 

2i» 
21 
22 
23 
24 
25 
26 
27 
28 
29 


0.  Hois  it  still  biJcn  oontinuoiisly  div-rtnd,  iJid  uaod  for  the 
t:'  jt*  p!jr.)oa8B  ariri  irriirttad  the  sJino  countr>'  s^vur  aince' 
/>.  Yoa,  ijii-, 

Rc'oirect  Rxa^^inution. 
%\,  Tfi-JVI ,      .  L{;1.  "K)  unc*  .rcturr'  •.?>'.- 1   .'ou  -ir  :-.n  Vy  Ihe 
(Jiiu...ione;v*.  i^uion^   tavi  tne  use  ui   w.o  wi..i^'wr   '>nf  'luw  iiB 

it  did  u];on  you  firot  hfid  so^e  indirect  noi  ico  of  it  in  *0r/. 
\Avm.  the?  -.mLfir  ct*ujjr<d  to  flav;  in  tho  Oiirffiiori'ra  Bpr.iTV'-.a,   I 
BUpi/OBa  >ou  don*t  raoioi  vmt  Jjjiyboa/  \Ui;,  uairv;  it  tht-n,  the 
ua"::c  ioi  thoy  v»ere  in  lt*?:f>t 

jU  '.Vuil,  thurt!  hiifl  'Tv--V3  h(;<*Ti  a  p^r.l"!   ri -^tmnt  runniH'*  from 
thoao  B|"<rin^r8  on  th«  '.;«!r<-  sico  oi   viu.  '. .iil, 

'.         /ou  r^for  to  i,a  the  rucu  "olsiny? 

;■.  -rcll,    -«.      o  -If!  bc;   cf--': TJ HnH   of  f*iir.. nonr»ji,   ^forth  Purnnonpra 
wid  f;outh  Cucunon; -0 . 

C,  To  you  kno«'  if  t]i(^y  un^^d  imtor  fron  thr  Ox  ar-ionf^i  fhiringe 
en  thu  CucKnion{<a  vin<»ypr'''> 

A,  T>io  (\xcaraorrf'"a  vineyajra  nut  a  c  rtuin  projiortion  of  tliat 
mittjr  I  beiiov»j  uxvA  hiiv«  to  the  proeent  tino, 
n,  ^n1.   '"mi  f^nfn«t,  Vno,?  ^^nt   .ronortion.      r)o  von  Viirnlr  the 
\.uii.r  loi    ;,ii<)  (Jia  iiooii:i ."       lor  Comjuj-iy' 
A.  »!o,  dir, 
0,  And  ywu  don't  know  Jihat  proportion  of  thu   .•Jtttfcr,  or  do 


.-5  >n 

1  iron  kno..   .viiut  j.>roijorv,xon  ol'  Uic    wutur  tiutt   concern  hub  been 

2  accu«t()med  to  iibo'*  1  ar';  opcakinf';  of  tho   mtcr  fron  tho 

3  aiicu.*^iorvi;u  f'prinf^u,  iHio  yaat   aide  Wtalicr? 

4  A,  Yob,   fjxr;    tho  oaat  oide;   wliy  tJioy  la-e  8u  -,>08'jH   'o  bj  vo  lan 

5  oi^aU.  diviijion  on  it  I  bi^iit-vo  up  to  u  cortain  amount,, 

6  .  '^ortj  you  {!;iviivi;  n"  acourut«  attention  to  the  une  t>u.t 

twenty  throo  or  t'nenty  four 

una  iUiiiii  of  the   -wtt<.r,  Buy  JbasojBjcrikxKHXMrxfratr  ycacn  a^-o, 

bjr  t.>io  pttreoni;  W-io  ufltKt   it^ 

A.    »o,    sir;    inr  jroct, 

'\   So  fsa'  tu'.  tuiy  distribution  of  tho    .ii.tjr  hy  vou  la  oon- 

curnttd,  it  iiiuj  boon  oniv  in  th«  lust  five  or  zix  yoaru*? 

**.  Since  '.■^act^ibc.r,  lv02. 

^fii,  JOLIFFK,  Q.  Don't  you  knoM  of  tho  tiivoiBion  of  the 

vriiter  of  ..hut  CuciUioiV'H  ''ruuk,  V;y  tiie  CuO';r»onrv-  T\-v»:lon 

nunt  Oonpany,  tiiktrn  ovor  on  to  tbe  truck  known    .a  thci 

Xowu  tract  •* 

;U  "one  of  the   R,..rin^r  viator, 

0.  Crct;!!:  viutur,  ti*i:inf;  tho  water  u^j  neoir  tiio  nouth  of  the 

cjunvwi" 

A,  lluit  I  oouldn»t  ue.y;   I  }i...tw  nuvcr  mvoJitinXcd  tv>at; 

nover  lookmi  into  it;  the  Iowa  Colony  I  bolioTo  hue  wno 

\;atcr  from  tho  nuour-ion^.!;a  Cwiyon,  bu     au  to  tho  quzjitity  I 

(iontt  know, 

'\  You  )mv«)  not  boon  un  to  Umir  works  wharo  thi.y  divert  if 

A,  I  huvii  bo- in  thor;  ;  yon,   ;'.ir;  ntvor  r«a8ured  Ihv.  wator. 

i\  You  -rno     Ihtvy  hiy^fv  b  --n    Vikin,'-''  ->">c    M.t,«v  frT"  "^Vie 

OiicuiKjrif'.a  cr<ok,  n«ai-  Wio  (iK>uU'i  of  Mio  otJi^yon,   foi   diversion 

on  to  Uio  loiwu  tract  *> 


:6;^ 


:r^7 


Q«  Hov/  ■  onf^  haij  thai  contiinucd^ 

A,  Finoo  my  knowledge  of  ihr.  ro^iTrtrv  ilu-rn. 

(),  Sinco  about  •8r>? 

A.   'Bfj. 

^Ot,  RAf)K>]TJi,   0,  TiO  yi)u  '  ajkh   i.o  >h:  nndt-raiuofl   !;n   rtivinp*  tVitit 

Outuj  lorv;';;;.  nrook  i,nroijrho\iT/  uu-.  vnntcr,   for  i,r;r;UunCij  of 

« 

1907,  flovVB  it.  continrioue  otrojjn  of  water  frcpn  tho  nout]^ 

oj'  tho  canyon,   tliro'i-liont  '}^ti  winter,  down  ^^aao   tli^  red  liill" 

A,   Not  u  oontmuoua  I'tnnii'i;  no,   air, 

0.  Ho*.v'  (!00£:  the  stroin  flow"  Intorrdttently' 

A.  Yec,  fjir. 

f!'.   And  aocordin*";  to  tha  qu<mtity  of  atona  vsater' 

A.  Yob,   sir. 

0.  nd  orc'iniJ-iiy  in  o  cb  t-..    -intor  ;u5  19()7  jifcout  ho;,  lon^; 

^voidd  bhat  Btroufl  flow  i»fter  a  htvi.vy  Btom  dov^i  puut  the 

rt^}  hill'* 

A.  Wt5ll,  I  h/ive  not  b^n)n  ov«ir  thore  ejidj  nuccoodin?"  day;  it 

Hotimn  to  HKJ  I  notictsd   it  u  ooujjIo  of  i:iaya  thie   &©acon  of 

1907,  i)oefiihly  tlirey  days. 

?ai,  BiiITT,   Q.   vAi«jn  you  n>iy   yuu  i»oanun,  do  you  ration  lv07-*0(< 

or  1906  -•07? 

Hii,  HASKELL,  0,  I)o  you  laean  this  v/intor  or  lii.Bt  -^intor' 

A.  This  ri-inter, 

Q.  V/ull,  I  taa  a\jiiukij\c,  of  lh.Bt   « in  tor*? 

A,  Wfall,  I  couldn«t  Buy  t.a  to  tht  dutos  oxoctly;   I  only 

jjiMiBod  tberf?  Rovorul  daye,  #"«n  I  v  uo  oi-Bein'.'  ovor  the  bridge 

bolow  3ajr)  liernaj'aiiio  Avonue, 

Q,   About  hov  nwiy  days  do  you  think  Uia^  woul(;  continue? 


-M- 


9^28 


1 

2 

3 

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A.  I  coiild  not  Rtuto  u.b  to  the  nianbejr  of  ciays  oxuctly; 

iioveral  cUtyu. 

0.  Mc!  then  t}i.e  ^mtor  woidd  ceaee  to  flow  irntil  another 

tii.orra'^  W)ulci   cccie,  v.'oidd   it? 

A.  Y«S5,  nir, 

(\  ki6  than  it  mv^t  flow  tw.;ti.in  if  tho  atona  was  heavy 

«»nou;d[i? 

A.  Yob,   Bir. 

0,  In  ot>wir  words  it  would  dif)Ui)pour  Tfithin  a  nilc.-  or  two 

of  tho  nouth  of  tho  cttnyon  \>oiildntt  it^ 

A.  Yojj,  eir, 

(U  T>iro'U(.jhout  tJie  vdntor? 

A.  Yon,   oil", 

Q,  And  that  is  the  cueo  over^'-  v/intcr  i  n*t  it? 

A,  YiJB,  Dir. 

M?,  JOTJ:f?*R,  0,  Had  the  water  flowed  dov/n  tho  j)roB(5nt  winter 

a«  far  ;.:a  the  fi])rinp"B?  Did  you  notice' 

A,  I  bolievci  :it. ;   ;<.  couple  of  aaye, 

0^  How  fai'  below  tho  eprin^-a  did  it  reach' 

A.  V/oll,   in  croBsin/'  on  the  hrid^-e  on  Ran  Perpardmo  Aronue 

I  huvc  notioeti  it  croBiun^;;  uiK;er  Uii;,t  bri%«3;  I  oon't  kno\; 

hoif  far  b«low  it  ran, 

0.  T>o  you  kno'ii'  Jd\ether  it  reached  below  tho  Pejita  "^o  Railroad 

A,   -vu,  sir, 

Q.  About  ^i«n  was  it  that  you  noticed  ths:  v.ater  flowirifi;  by 

tlie  bridf?;<i' 
A.  I  coui<in»t  Bvate  aa  Lo  tho  «jxact  Lirue;   it  was  after  our 
first  rainfall, 
0,  Had  you  noticoci  aa  to  that,  after  tliie  recent  rain  i^ich 


31) 


I  i« 


C5Jrae  a  few  days  a(«>? 

A.  No,  air;  I  did  not. 

0.  You  don*t  know  iah«ther  it  did  then  or  not? 

A.  Ho,  uir. 

0.  AboTit    >i<it  was  t'le  volume  of  -Rratar  v/hon  you  saw  it  flowiiv' 

))}.•  tiio  hridge  dm-in^^:  the  early  iJi^rt  of  the  eeason? 

/'.  Tlwrii  nust  havu  b»«n  100  ninrra*  inch«8  of  wttt«r  flovdrv- 

past  that  jjoint, 

()•  J)o  you  l:no'.v  ho*-*  lonpr,  that  continued? 

A,  No,  I  do  not;  I  waE  ovt^r  t:.hory  tvdo  or  \.hr9»  df,yt  taid  I 

noticed  it  flo?dnf% 

C.  How  Ion/",  '.-d'ter  the  rain  wae  it  thut  ycu  notxc<xi  it  l;.st? 

A.  ^Vell,  juet  a  day  t.ftttr  tha  etorm. 

V.  Wc}.l,  you  aay  you  8ai»  it  for  two  or  Uii*«u  aayu 

I  undornttind.  you  to  bun? 

A.  yoti,  sir;  duriu'-  Uic  stona,  fajid  the  d«i.yuft«r  I  htdiove. 

*nj.  BRITT,  0.  In  Uiin  ttiblulaticn  thirl  hr-a  boen  preaertod 

linrQ  ao  plaintiff's  Kxhibit  U,  Uiera  ju'e  aorno  cntrifta  un- 

dtiT  tho  hood  of  thoBO  Btiae  Line:  'Vdlln,  i6th  :'t,  volls,,  of 

jnmi'inf;:  Dit:  you  naka  imy  rao»i8ur6fnont.a  of  the  quantity 

]«rip«d  at  t)\080  daya*^ 

A,  No,  air;  nono  ^mtovor, 

K.T.  WBIPrHT. 
F.T,  Y^[U^HT,  y.  witneao  provioualy   wrom,  hoinf";  recfillad 
for  plaintiff,  tf^atifiod  hb  foUovra: 

^1^  BRITT,  0.  Rcf«jrrln,'.  to   thia  p'4»«r,   -adubit  11,  whoaa 
hiaidiT/ork  in  the  ta>)l.vilation  itaolf? 
A,  I  tluni;  it  ia  a  dri-iiif^tanjin  in  ray  office.  TliC  papara  wuro 


M) 


30 


f'iven  tohira  by  rsytjolf  -  tiie  figiree  were  driven  to  him  by 
njffielf ;   tlie  pup  era  Fcrc  eent  by  Ifr,  Johrmn  to  n©  invi  I  cal- 
{nilf)ted  from  the  data  fumii;bed  mc,  am;  ^ui^  xl  xn  axriwra  xncli* 
<}.  Tho  foot  mBaBiirorrcmtB,  the  cipth  of  wolle' 
A,  They  r-ern  t  a^rn  frv^.  hiti  };oper3  jurt  &a  ho  sent  them  in« 
(?,  lliey  v«;-c  not  :  .<      ^n     mers  indies? 
A.  No,  sir.  That  only  refers  to  raaacir  wonts  of  quanti- 
ti«c  of  wntnr, 

Q,  yt  aj^>iKJu3*a  here  you  mov^,  the  obstsrvor  on  a  lev,-  occiioiunft: 
»Tiily  15th  for  inRtiincc,  and  uf^ain  Soptornbor  bth,  and  one 
?.Htar  rfjite*> 

jU  July  li^th,  and  !'ov©nbor  6th,  1907,  and  Junujo-y  ?Ui, 
1908  .'srf)  tJi»  dates  I  neas^jred, 

(J,   f?tato  'A'botbrr  tbo  me?u!uro-i';r!t'j  nnt<iro<l  in  t?:e    ncvorjj. 
colurm^j  h^'.ro  fclj.ovdn/*  your  m.jno  aro  correctly  lauio? 
A.  Th  <iiy  x^oro, 

0,  f^tute  ''f^iothor  t>.c  retnilto  of  tour  ovm  obrervftUons  uro 
corructiy  tubulntttd  in  this  exhibit  ^}o,  11^        i.,   /ncy  ua, 
f\  f?tHtn  v^H-thtr  tho  coTnj.'U tut  ions  of  the  dt.t(;.  fui-niB^ied  by 
'*!•.   '^o)iiirton,  were  oikce  correctly,  u:^  K^hctbcir  tbt^y  jj-o 
<K»rr«ctiy  noted  on  tliia  tabulation*' 
A.  Well,  I   say  thoy   JvC-e;  therw  j  at  eiriply  mi?:} it  be  a 
tVactional  j>«trt,  a  hundredth  of  an  inch  orror  aomovdioro, 
{)♦  Subutuntiully  correct? 
A,  llioj'  ctro  correct,   as  fur  to  t^.at  f^at. 
ri.  Subrttditittlly  correct •>     A,  Yoe,  uir. 
m,  mm:  with  tJio  teatinony  of  Ifr.  r/rir,ht  >^  offt.r  in 
ovidonc©  the  renuindur  of  the  datu  nox»  on  this  K^iubit 
?{<j.  11,  thb.t  vfiuch  ranfc-incd  unvorifiod  from  tht>  testimoniy 


yal 


-37 

of  }-^,  IxiBddc  Johnson. 

l!H.  CHAPMAfl:  Who  did  you  say  made  that  (ia^rum,  that  tahle, 
i»ho  xmAe  the  figures? 

A,  I  think  it  was  either  my  son  or  ^'r.  Jordan  in  my  office; 
Tiicanas  Jordan  or  (George  V/right;   I  don't  raiienber  which  oae 
mad©  them;   they   ure  both  vjorking  there. 
Q.  Fo'»/  did  you  say  they  ^t  their  information? 
A,  They  n;ot  their  info rnat ion  from  the  calculations  t:mt  I 
miide  Ely  self  and  |jut  right  into  ray  note  book,   and  :niidb  from 
Mr,  JobjisontB  raousurtsnents  sent  in  lo  me.   The  actual  figuBis 
on  there  are  not  mine. 

Q,  rave  you  co:iii)ared  them  v.ith  youi'  v»ork  since  they  v.  ere  made 
A.  TeB,   sir;    I  have;   the  orif';inal8  at  least.  Tliie   is   a  ¥/hite 
prinu  from  the  original  tracing,  I  will  say  in  i-ridition  that 
T'r.  Jolmson  had  one  of  the  white  prints  for  four  cays  and  put 
consider ijble  tine  in  himself  at  his  house  to  see   if  they 
u^;reed  with  his  o;,n  calculations  bud  told  me  they   v\ere  correct 
m,  BRITT:  t^e  testified  to  that  here. 
0.  Vis  you  make  those  measurements  under  your  name  there 
yourself?     A.  Yea,   sir. 

m»  BRIdTT:   I  v'ill   ask  you  Tlffi.  Wrifi^it  to  indicate   at  the  head 
of  the  columns,   the  instances  in  v.hich  inches  of  water  are 
meant,   and  instances  in  which  feet  and  hundredths  of  feet 
are  meant,     (Witnesr  does  us  directed) 

Diugrain  ^-.dmitted  vixj^i^xi  in  evidence  mtrked  Exhibit  11, 
inserted  herein  at  pa^e   . . . . ) 

Fere  the  Court  takes  tx  recess  until  toTwrrow,  Jan.  18, 
iy08,   at  ten  o'clock  A,H. 


x> 


»-, 


*  i!' 


.ii 


DEFKMD/NT. 


IN    TH  E 


Superior^  Court 

OF   THE 

County  of  San  Bernardino 

State  of  California 


.  Cue ariiprifja .  V i neyard  .  Co . 


Plaintiff...      ^  ^^^^    y^ 


San  Antonio  Water  Go. 


Defendant 


Dir. 
E.T.  Wright,    940 


I.  BENJAMIN,  Official  Reporter 


KJ^J• 


2 ;;  »- 

_  E  IT 

2  °  3 

<  ^  o 


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B  <  u 


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January  18th,  Iy08,       Tdn^h  Pey. 

-0- 

'OU  \iAT}i;r:     Will  t>..-  r'r^furnant  •.)c:r.ut,  that,  thfc  piuinuiff 

d  i'attlnrn*  Water  Corr^  corporittion  at  all  times 

rawntioned  in  tbt*  ?orfTf)lainl'* 

]0<.  CHA?-'^  *:  Ye:;;   I  t^-irik  w©  havu  aet  fortii  m  th&  wiHwcr 

<u1;  it  18,  and  tV;o  duto  of  ii-e  incorporation. 

"]l,  WATKKS:  T' nt  i«  dopnjBd  ^c.niwi  imdvr  the  att^tute. 

:,:i(.  CHAl^J'AU:  1ft?y  .u-  At  U;at  Uie  Old  Petvlora*  Tik^uv  Oo»nptiny 

in  a  corporation. 

'''I'.  ^lifAPMAH:  ^'ttve  vou  V^e  d;.l,e  of  the  inrorporatio?i  'hoi-e; 

My  rccolltiction  le  I'iu^t   th'    tir-o  i«  uTt-rr«d  in  thij;  uis-rr. 

?fli,  WAT'i'RK!  Plaintiff  non  o^ferp,  in  eyi(  wnc*    ^.art  of  d«ri.i  n- 

nont  of  title<of  plftirtiff  Old  '"ei^lern*  T?.ter  Coriijany. 

I  uuhunfc  thav  couriBttl   iwill  coneont  to  t-.tt  off^r  of 
nh.aine  of  title  an  c«rtifit»d  t^  bj'  t)^e  ronfccli(ft.tod 
Ahf'traf't  unc  Title  Comjjttny  of  Btn  H«rntJdiriO.     They  ij-c  all 
in  th<»  viQDM  for'-,  ijiid  t^«;y  all  tcf-othcr  conBi/Aiutc  t^»at 
.^i.^H  inch«JF., 

^1?.  HLV^JA?*:  That  ic  U^fj  eawj  b,:."'!  Jnchee  rufer)-od  '  o  in 
tii;-  roijoiutj.on'* 
'11.  "AVKR*?:  Yp8,  sir. 

m,  C!(/U*MAN:  TU)  your  rjeonlf  i-il  cluin  oil  unotu    th«;t 
8«ne  aourcui** 
'Mi,  'ii'A'i.iitB:  Yii>B,   tur;    t-.nc!   cluioi  umUr  t'.o  other  Bourco, 

Piiantiff  Old  Sottltii.*   Ut.  r  f'on,/wij   offers  in  eyidencu 
r^con'  froT'i  tho  r»jcord*'r*B  office  of  the  Co'mty  of  ^nn 
hv.mkjri\u\i>  of  ouch  una  ovor;  of  Uio  cunvey^cxos  set  forth 
wu;  onjicribtod  in  d.ain  of  tit]*    r  ♦^  f^.*".    'itfiolB,  coriifiod 


\ 


JL 


93? 


10 


11 


12 


,-•     13 

s  I-  k 

<  i  o 
z  "=  5 

S .  i  15 


n  <  ui 

J    O   o 


^  16 
17 

18 

19 

20 

21 
11 

23 
24 
25 
26 
27 
28 
29 


by  Uaw  (!om;olid<-tori  AbetrtiCt  and  TitltJ   luwtnty  rompaii}/ 

I  ;i;ik(i  the  offer  in  thie  way  to  obviate  the  noceccity 
<>■*  "briv-irffr  f>»r»  honks  hero,  but  I  mak«i  tho  orf*»r  juat  ae 

tiivV\;;    '.iif;    b'^.'iwt:    -.vr--  }'s. ft:    on   I:  v.    tji.bl©« 

M,  CHA.^Vv!AN:  Wo  nake  no  obiection. 

M,  WATl'TiP:  Tlie  suno  offr-r  .  8  to  ikv  fcbain  of  tii].«  of 

!),P,  ^inc>Aid,   to  bvj  niia'kop  Plaintiff  li  ixa  .lUi..  i.^. 

T>!'.<  aiJL'ie  offer  i.b  to  thc^  chain  of  litlo  of 
]Y:jicit»  'V,  rmitli,  to  bn  ^rarkad  PluinLiffr?  ^rhibit  l-^;. 

The    {5U..r    uiTta    ;.»j    ;.u    >'m.i     c'fiain  of   i.it  lt>   of 
V/.  T.   Aaia^v,   to  be  narksd  Plaintiffs*   Kxh.ibit  V\     lliat 
uli:o  uj!]  liei;  to  the  chain  of  ',itle  of  Oi»nar  Williwju.   in 
th.t  B*'r,y  «j(.*'ibit. 

Tht)  jjarrse  offer  m  to  th^    chain  of  title  of 
W.".  Penhun,   to  b«  r.v-rkod  Plaintiff* f»  Kifhibit     16, 

Thfc  i5^'.«i  offtr  ^ir  to  t}u-  c-udn  cf  tJU«  of 
n«a'.'ib  5f«3ichofltor,   to  bo  rmrk?»*J  Plaint H'fi«»   Kxhi^it  IV. 

T!'«  a<tfr!«!  offer  ur  io  Um  cffiin  of  titlfj  of 
A.  PtiMcbfii;16,   to  ho  ^.isked  Plaintiff?'   Kx^ibit  U'. 

Th«  r»i«i«  o^^^r  ae  ^o  the  c^'^.in  of  tifi.e  of 
Jo\m  Vtdif^ock,  to  bo  »^fcrked  Plaintif fr.'  'xbibit  19. 

The  n^'>'«5  f'ffer  /.;.s  to  th-    chuin  of  title  of 
?Uav  (\iruun.  ,   i-o  b«  Kwu'ke^i  PlnintiffB*  Kxhibit  UK 

T\w  far^r.  of  for  (.8  to  Ui:    c^ .  in  of  titlr  cf 
r.V;.    Allf'Ti,   to  be  niarVecl  Plian.iffR*   ?Miibit  1^1. 

Tho  awntJ  offcii   ucj  10  thti  ch&in  cf  title  cf 
M.  M.  Kincoid,   to  btj  n^ri-i^d  Plaintiff b»  Kxbibit  2k, 


\)- 


2  *-  I- 

Z  X  a 

S  O  3 

t.  X  o 

<  i  o 


to  <  uJ 


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Tlio  sapft  offer  ue  t.o  tJio   d'.ain  of  titlo  of 
Kuto  ;iurxfa.  Keron,  to  >:o  rvita'ked  PXtdntirfn*  r;uu>)il   2^7. 

T^vj  £!ur««  off^>r  KB  to  tho  cmiin  of  title  of 
Klizirboth  J^nuth,   to  he  r'icj-:-:«(l  Pli^intiffc'   ]-::jduVi.   ^i. 

Tho  auio  offer  -c  to  the-   chain  t)f  title  of 
'^'{uy  J.  "acre,  to  be  r.u'ked  Plamti^fp*  Fjchibit  iib. 

T}).o  8£*/:«;  Of  for  ftr  no  t,he  ciium  of  txLxc  of 
]}.L,  l^avenport,   to  y*i  nva-kfed  Plaxnliffc*   Fjdiibit  ii6. 

I'^ie  n?jji«  off.-r  ae  to  Vie  chain  of  title  of 
Clurliucx-  V.  Wwidie,  to  b«j  i-r?urkt:d  Pifcirtiffa'  KjJiibit  27. 

Tho  {ua;u:..  offor  m  lo  thf;  chuin  of  titlo  of 
)jj*fi.?:  J,  K.  Cljo-ke,  to  be  sswkao'  •Pluinlirre*   Fahibit  '>^:, 

""hfj  Bi;.ne  offer  m  to  th^i  chjiin  of  tiJle  of 
'..  l\  Norwod,   to  be  in?irkcd  Plaintiffs*  Kx.hibit  25*. 

Tht  fjowo  offtfr  t'fi  to  the  chuin  of  litlrt  of 
llio.:j  P.   Southworth,   to  b-^  rt-rked  PiL.iru.affo'   ''•.^iin^hiT,  ..^. 

(All  of  the  above  ar-o  .  (initted   m  evidtmcu  iknc  iv.rked 
an  deoif^iatttd  in  tho  off«r     us  <axrubitp) 

}B,  K.AlirH'XL:   I  imti«rst^nf  the  itttoj-ncys  on  tv»e  otJ^.er 
jjidt;  ai-t-i  wiiim*';  x.^  Btipuluto  a  o^  rtitln  ^.orticn  wf 
t}u8   oiila  to  ^tich  I  \£:^  Jxt/out  to  r-tfor.  It  ii;  not 
certified  to;   it  is  a  criuin  of  title  f'.n-nia'r'ttd  by  the 
(lonBoiiOi*tt*u  Abstjact  hnc.  'litlf  rompajij . 

Ar»  you  willint-^  to  utipuliitt^  t}^.^t  thu  unitoa  i:tttttt8  of 
Anerica  by  p&.t«)nt  tr^T^effrred  or  fTtr-.ted  the  hu»;c'.o 
CuctooTV:;a  \*c  t})ii  oatj.  .e  of  iiburcio  Tajjia,   «3  ^i-.eia'B  of 
r<u302"d  in  the  office  of  the  County  hecordtj   of  otji  }5or- 
nitrdino  Coimty,   of  dute  tho  i<:U:  duy  of  locwnbci  ,  Ib^Z, 
turd  rftcorded  the  Jrd  ci&v  of  y«irchy  187^,   in  Rook  A  of 


^JO'> 


-A- 


b 

9 

10 

11 

12 

X  13 

•I 

2  I-  H 

S.i  15 

jQ  <  UJ 
—  Q. 

^  ^  3 

0 

17 

18 

}9 

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PutontD  at  page  103'» 

'IL  C}'A1'»W:  Y«n,   Bir;   Mic  patort  ilaclf    r}'  he  conBic^rof'  in. 

TA,  ''AnJQLXTj:  And  that  by  rooune  conveyajiccs  the  Hrmc>^o 

01'  Cuntxion'>  t;tic.'*fe  VJBtod  in  I»f».iiie  V.  Hollrriwi? 
'^^   nr-  :  ves^    »ir.  /■     '    at  hr-  finally 

iui.ju_it3u    ohi;:   v.i^uxu    oj-^ic   'j:i    u.<.u  vui.  u^_,^   ui'  -;^'u_;' ,   It.  71, 

h<.  HA'^'ELL:  By  deod  rtjcorded  ay,  1^71,   xn 

Hook  K  of  7oedR,    at  ;  afro  189. 
"K.  OflAP^AJh  Y«fi,  pir. 

'ii.  ilArfHiliS:  Yoa   !3tijnil6.tG  VrL.i  un  that  ritxte  th«  title  to 
t':-;  -  '!•      -iicho  T.as  vcctod  in  Ifiaiitt  \',  Hullcan  do  you  not*" 
-'H.  CHiir:  ^  :    laa,   ':ir. 

'Ji.  WA!rEt;S:   I  Monlci  like  to  be  more  Bpecific  to  thip  effect: 
*j!ut    wjrh  patent  in  fi:li  f».i:   rerord?jd,    i\nff  t-'ich  ronve'-rjiru 
in  full  tx  rt^ccrutc  iirt;  co'  cvicencts  wk;  Cii,v.niua  retxi. 

!H.  OflAR  •■    :    it  mirht  ar/pour  th/i.t  tiie  doesd  to  I.W,  HellnyiH 
v'iip     cirr  to   th<'  rritfrnt,  but    t''C  p&tunt  vill  relutu  buck 

iill    iL    ..iJ.x     Lilt!.    Cli    iLi:    iUCe,       i     .;lll    i:V>i,;lU{-ot.     -'UL    tntf 

patent  toTd  deftd  ftre  both  in  evirt-ncf.  and  deemod  ro«d, 

i'HK  C0()}<^^:   ?!  at    Hti:;xil-.ticn    inAVc:    U-.   tht  hcn^fiL   of  ij.1 
Uie  ].i<ant  lis  una   uie  ixi;.crvonor*> 

OU    ''Af'/KT,"',;    V'o   off ,  r    ,r    i,v:f'r.:-ir      ..nrinr     .    f  iriilf^r   Rt^ni;l.;.t,ion 

0   o;,A.   ontj  iiuciK.  wxui  :'--r,  Vca,<ij'  ^vrouuction  ui    -ii© 

record  itoelf ,  a  dood  fror  In?au8  Vv,  riellman  to  the 
(Mc'-Tion/'u  Cornpttny,  d."ted  tbn  )' tb  Hj-v  of  Vrv  ^   I'-'/l,   re- 
corded vh«  15th  da.y  of  Juno,   iv./l,   i^)   :  i-oi  .■.  oi   loofla,   ut 
jjuf^o  HM, 

Are  you  willia*  to  Mdnjt  t^it  the  Oucanon^^a  Oortjianv 


4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


z  I- 1- 

2  ■:  5 

M.i  15 

P  4  UJ 

-  a 

t     16 


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j^ : 

mm  li.  corj;oration  on  the  Irth  (i&y  of  fj-;/,  lrll'> 

}i]i,  nT?A^"'iV':  Y«R,   rdr.     '"  ;:.t  c  om|;i-jiy  \UoR  incorporutod  in 

JJuii     "riiiiciixo,  >-.4ici   wiu^t  i!j.  ,robj.bly  why  •-   ^  "-  "^^    i 

copy  of  Uiu  iU'ticlt;B  hiirt;, 

"  ,  'Xl.:  ?Iow,  we  offer  u  daeC  of  the  rVicw.v  n<t',a  PoHi^iftny 

to  Ptiti'iciu  xureicuno,  tuited  the  liith  day  of  AiuruLt,  K'fVi, 

rocordw'  in  1^  ■    tvfficv)  of  tho  f'ounty  H«!Corc''r  of  iU>n  Her- 

njxdino  County,  on  the  fitii  c.t.y  of  January,  lb.86,  in  Book 

44  of  doodfc,   at  iJ'j^-;©  96. 

>»]?,  f^^AniJ^N;  You  htive  not  the  doscriition  of  tV:ti  land  horo** 

.     AflOXL:  '^0,  £ir;  not  here. 
'1?,  ri^A'^^^A^f:  Toll,  never  mina;  ?ire  Vfill   conaidor  the 
dotd  in  uv.idenc«, 

lOt.  HAr^irELL:  V.e  oxTt-r  in  ofiooncti  i;  do«d  from  trio  Oucucsonf^a 
Coriiiuny  to  H.  T.  Hubdle,  duted  the  4th  day  of  Vurch,  1B74, 
rifrirdod  t^-r;  "th  duT  of  ^ncnber,  l'vH»^,   in  V-ook  oii  of  deodc, 

Tliotse  offere  ^u-o  all  from  t}io  rocorda  of  tlie  County  of 
n.-m  T^ri-nnT-f'i-nr  Pnrcrd?-r*f:  o-f*firf!. 
iUU  Ciiii/       :    i  ii-vt.   uiu^.  cujcu  at^rt;, 

"i<.  ETiT.:  "  n  (?vircnc«  the  docrtsc  of  the 

f'tpf^rior  rnnrt  o^  flu-*  Pity  ii-nd  floiint"  cf  ^•^.  ^r;rritxo, 
J5tat.u  of  Cv^l-Lioniii-,  rocoruoa  un  junu  «^^iu,  iuiu,  uu  10 
o'clock  iJJTM  nutee  A..'  .     in  Hook  Uib  of  deeda,  i^^^e  72, 

:,7i  "■,-.  of^->r^  f.f  t>i!?  bounty  Pecorder  of  "iin  rem-.rdino 
CoiiiiLy,    rtiuUi  xy  ..  cucr  .  ii>u\.uuo^tii  xjl   v/i:v  j.a*i.tor 

of  t}  of  K,T.  1<   de(  ortii  to 

''l'--^r;lh\'*«  Ot  .jrci.erty  horrtofore  ritodcn  by  the  Oucanon'm 


'w  1  ijiy  1,0  *.. 


-iclo,   Lu  /i^.i;.-jnc       .       mux',     .wui 


('•> 


gg  <  uj 


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lamolo,  1*11(1  Kva  T,     Rundlu,   und  J^althew  Turner  -  nc  - 

)fl^  XIATIW:  Vrl'.ere  was  t'lat  aaUitb  pericixnK;^ 

m,  HABKiiJJ,:   in  Uio  JJm.orior  Coui-t  of  Uie  City  oixo  County 

iHJb,  recorded  Kt-bniury  'ty^Qi,  1>3V9,   >:iU  A.v.  T'.r,ok  K - 7  of 
(■««dfi,  j/ivrw  40  of  iho  rooordi..  of  hht  County  of  liui  Bem'j*d*no 
HUH*,  dood  }>oiii'  from  Ashland  U,  Tumt»r,  Oecr^r,©  G.  Rundlc, 
f!hi»i'lotut   '",  C  u-iJiatUi,  hVa  7.  J*.mirowB,  'jndividef*  on;-,-b/.lf 
uuncro,  unu     atUi«w  iunitu",  unctxVidec*  onu-halj   ow.i.r, 

i/iur;  >v(j  offer  ?i  di?«d  rocardeci  xn  the  office,  -^f  ^i  ^^  •^o-mty 
?;«>oord«a*  of  f^^an  Pemiirrino  County,  rtjcordoc.  Wuru  .r,   <>*th, 
1.  . '),   at  ii:/l  A,?^.     Book  267  of  ^^eocitj,   at  j^^ui;©  44,  from 
Jjjijiitil  n,  ?''illikon,   to  Mut1i>>e*  Tumwr. 

AliiQ  u.  aubu  recurdtKi  ;'<»bruar/  ;i>,tn,  Jl<.^.;  in  tiio  officu 
of  Uia  County  Hooordar  of  Sttfi  Bomiu'dino  bounty,  in  T^ook 
iioV  of  dtiida  at  pti/^tj  4o,  fron  Dunioi  -^  '?iITikon,  to  rs^ilurv. 
Urn  'iUiTitsr,  Uoorj-i!i  G.  i>iUi(do,  GiurioMti    ..  rhfa^>-:.<ji,   u".d 
Kvu  T,  Andrci.'B, 

Nov,  in  rii;-ur'     ."   '••  •  1«orf;t>  T.  ^'uvon  ^-roparty  I  t)iink 
i  hui  t)titi.<?r  aiioi*  you  thiu  ubatr^jot,   to  nuvo  tiiao,   ^no  let 
you  extjn.\no  it;   and  itwre  may  be,   uftci'  a  fui'thtr  exaraxnution 
on  my  piirt  ont.-  or  tv.o  oti;i;r  daeda  in  rQlt-.tion  to  tiiiji  i-.undlc 
property  Uiat  X  rucy  wojrit  tu  intrHiuoe  lator, 

rfou,  in  1;     t  do«d  from  th»  r'.icihon^a  Corni^un-'  to  hic)uird 
'■'.    amdl«  thii-i   »q  Ijt'.ve  juct  offertsU,   tliMre  ip.  u     ao>^iiur 
(;;Lj.irtJ8t3ion  in  r0»j<*rri  to  tbo  a-iiount  of  wH.ter,   Are  yea  ;iilliiv?: 
to  Bij^uluuo  that   Dutt  b  *8  <«lt>a.}8  baon  trt'^Ueri     rjci   oonKidcred 


-I?.  CMh.^iV::   >Vi:at  lifT- 1-.  ifi  t,r.iif> 

'}(.  HA;>rCKLL:   L.   is  th«  «;u*io  kiry^   of  d^od  tK:ut  I'r.  TraU-re' 
cli*nt,B  in!5iRfc«d  imon  on*    inch  tc   eif-;^!!,  acr^a  iuid  roti  it. 
ffii,  CHA^^^'AN:   I  trunk  that   wub  tht;  cobo;  yon,   eir. 
Tii,  HAJ'Ki-LT,:   You  i-rtj   ..iiiinf^,  lo  Jio  htiuul-ittt? 
■Oi.  OHAF'A'  :    ree,   :ar. 

■"1^  'MKKfTj',:   I  think  Ui«»t  ;«.8  all  1  h^7Q  .iast  no-^',  ijilii 
after  ^'ou  hHV*i  oxivMiM^n  that  uitaMact, 

'Si,  STr"V]tniii:  IVjisi  t'lut  doori  that  you  reforx'srt  t.o  thiit  VBtted 
title  in  ''r.  ^Toil";»n  ddtod  «%y  9th,  l.'<71. 
r<»cor(!Hd  in  ho<)k  K.   y.t  p^'^^f«  li'i..'' 

*'H,  ?i       '■;   :   in  b'.hij.lf'  of  th??  r>jcowc?>)r:)>j  TTiy^ir/ar^  f^ompijiy,   and 
t>i*;'  Cuoa'^onc"-.  Ltinc  rnir.  rr)-i-^;,ii.tion  OoiWiJiny  we  o''ft;r  in  ovi- 
cjonco  •:  tioyd  fro;;i  lBai/.-.a  W.  Heilr.iin  to  Um  CuCiino.'iJ-u  ''in«* 
v>ord  C(>r»]T>Kny,   -Ip.tefi  Juno  ..to,   If^.?',   roccrdec  Juno  y-.vb^ 
1^9!^,    ir  ^ooV:  ::i.^,   of  reecij?,    pa-e  o7'  .      Anr'    (,>'«  r*<cow.'  of 
t?\;..t  {'cfcc  wiiy  btf  civniudertjri  in  iiny  rrt<ui' 

'1^   rTFi^''A"HS:  Tbut  ie  tho  oiiaci  thra'j,;^'   wnicj'   t'ii.  '  Ati-;  vuvu-.b 
to  thfti  Plei  ntiff  ti\i>  C'.ic»..fr:On,  ;u  Vinoi'urr;  Co^jJi'eny, 

Wi*;  ul"0  off«r  m  ovtdonoo!  n  (.,:rr  frct^  Isi-U'.r     .   '■!;ilinun 
to  the  rur;mon'.-fc.  T.Jii'ic  -^ic;   Ijt    >-J.iGi:  Lo^it-it'iy,  tutv.o   Ak-ril 
Vi'h,  m^r,  n-cordod  April  r-'n^,  ]"^f',  i'l  Fcc-k  2M  of  dccde, 

»?P.  fnrAT't'Ar:  Vr.{,t  li-nr^   .J    •-^'ui.'-.r  rir   ti'orc  ct;  ds  ,  ur^  uri  to 

convo}/**^ 

»T.  r';'Fnv:iP:  Thlr  Iof^  df>Pd  furporiR  to  c«n?oy  ;■   trtct  of 


_8 

liffia  doBcribod  in  the  Oi.m]«laint,   as  btJloi¥',irvr  to  the 

CiicwnomT;a  Tiind  and  Irro^Htion  Company. 

m,  CiiAi'MAM:  Thfct  ie  the  b'^l  ucro  i  riict? 

m.  STFV-N'^;   I  rtully  cm*t  toil  you  tue-t.     Thtr»  tire  two 

distinct,  trncte  reprucMntod;  ono  ovned  by  t>i^  f!ucu"ionr:u 

VAnev«j*G  Canjxaiy,  rjici  t>ie  oi:.>}or  by  the   Cuc^mon/fii  Liind  ux^ 

Irr  i^rt*.tion  (lora^/tiny. 

W,  BKITT:  T>5e  f)24  acre  trftct  ic  tho  Lanci  '^nd  Trri^ation 

Curajxtfiy,  on  ^ak^i  the  stater  rxaye, 

>^i,  STK?>liS:   How,  the  o^-her  dood  in  an  lo  i/he  Oiica>ion-a 

lir.*yj^iSi\  Cm^tjany;  wo  mi^;^it  bavo  tf'o  KiiTKi  stipul^ition  with 

r«fGr'>nco  to  thul  rocord  boin'^'  r<.naid?srftd  m  «vid<mco  and 

SS'.,  STK^%1i?>:  V;ill  you  ad.'Ut  tb.at  tho  Cucanonf^  '•''ineyard 

CorRiiuiy,  and  tha  nucit  ion^-a  Inaici  uid  Irri^^tion  company  were 

j'otijtJ€.ctJLv«ly  cur-orfc.tions  at  fell  the  tine.R  aji  lillc^fed  in 

tlie  coOT'l^ant,   ■-.&  thorein  sot  forth.   It  ik  dtjniod  fcr  'Hsm^. 

of  infonriati on. 

*iii.  Cr{AV:^'.A!i:  Th«  Jucw.'ion^t  Vinoyard  Co%)(iny  urticlua  I  htivo 

hurt,  orgwii zod  in  16^5. 

?m.  JiTl^r^-:   I  t^unk  thid  is  correct. 

lij.,  CHiU'iAII:  I'iO  you  «etnt  the  articles  to  intrviduco' 

MJl,  n\rn:  ^fave  ^cA  y;ut  i.hem  hcrt.*' 

IQi,  C^IA   'Ar:  vt),;^   I  h&7«    a  oojjy  of  tiiaia. 

'41x.  BiUTT:  Let  ua  b«6  tbiom, 

!3U   fJTA'^AV:     hnl  oth  r  co'n^^aij    uic   )  ou  eoy'  The  iri-igutin/*: 

oo'^itiny^ 

inu  S7nVK5ir>:  Uo^d  tu^id  TDifiation  PC'ipany. 


940 


i 


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«     13 

z  I-  1-" 
z  i:  £ 

«-.!  15 
n  <  ui 
—  L 

■-•    O    3 

17 
18 
]9 
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jQi.  C]^  :  Tho  «j*ti(:loa  I  hurifiat    you,   'm)v:A   .cwd  thoB»' 

^2^  ^^IfJT/E'in:  TTds  ia  l.he  VinMyjjrd  Corflpuny. 

ii'JU  C;./i?iA'(:  I  Vriias  "the  incori)ort4t..an  of  tno  Liuiri  and 

!i^i,  BiUTT:  That  ie  'ill  ri^^-.t;   ihat  tjdniosion  B^trau  to  be 
ira.n'ioi'mt,   «httt  it  acini ts  ;jic'  -shut  it  failK  to  deny, 
Jfli,  .'*!*:   in  r*iferonoa  to  "iho  roconia  that  I  offered  in 

ovidoacis  tViic  raornirv",  are  Uioy   coniiideri-d  in  t^jid  con- 
tj£dor<*('  '-A  Y*y.'jC:  in  wid«nc«j. 
yh,  cm;         :  Yoe,  eii', 

-o« 

2,  T.  Wi^-lit,  u.  witnaett  ])ruvif.u8ly  Bwom,  heiim^  recoiled 
by  plaintiffa,  teBtificd  tis  followc: 
}UU  BKITT,  ('.  Stuttt  ifhoU^.ia'  you  &r»  ticquainttio  «.th  the 
ailu&tion  hiir  oonfinou  of  t-ho  tracts  of  l<vnd  «ftiich  aro 
<i»3Bcribod  in  the  third  iiinendod  ooiaolaint  of  the  i.'laintiffa 
h«n*e?     I  for  not  8i.ciilcj.iv?;  of  the  plaintiff  Old  Settlers* 
Wiitor  Co^^tiny,  "but  ratlicr  of  thu  two  ciKni^unifja,  Uie  Cuca- 
rion^  Vinftyiiird  Coraj^any,   'mc'  the  nucaraoiv^u  Land  and  rriij ra- 
tion Coir4p»i.ny,  There  h«^a  btaen  eome  «if?iGenc«  haro    ahovvinf* 
the  bounruirioK  und  aituation  of  those  i<u*ct>lB  of  I'lnd. 
A,  iHn't  thht  hwo'm  u^jon  a  mt^  \Aiida.  min  introduced  here, 
Q,  Theru  ftau  a  icciji  introc'iC6t;  yea;   it  hua  not  beon  on  t}»(j 
hai*rd  during/;  t})c  proaent  aoaoion.   I  apk  you  if  you  aro 
iUjquidnt*;d  with  tho»e  bodiee  of  luno'^ 
A,  You,  air. 

Q.  !'ou  lorif^  have  j'ou  b««n  iicquaintod  >vith  tJauB*^ 
A.  Pince  1065. 


40^ 


941 


0»  Th«r«  Ib  <)Tidenc8  >ioro  of  a  chain  of  title  connecting: 
with  th«  grant  of  the  Ct»c«mon/^tt  Kencho  jiatent  from  Uic 
Tfnited  ^tatoB  to    the  estate  of  one  Topia:  I  will  inquire  if 
you  uj*o  acquainted  with  the  situation  of  the  rucanonf»;a 
Himcho,  the  l«a*f?;e  hody  of  land  knowi  by  that  nane' 
A.  Yes,  oir. 

Q.  ?tate  whether  or  not  those  lanfls  of  the  Cucunon^  Vino- 
iird  Oonpony  and  the  Cucanonga  Lanr*  onA  rrrifration  no!^)any, 
roepoctivoly ,  imd  to  which  your  attention  nan  directed, 
corae  wit>iin  the  exterior  hounciU'itis  of  the  Cuca'^onfi^.  Hanclio? 
A,  Th«y  do. 

Q,  Now,  there  is  a  deacriijtion  in  the  complaint  of  thess 
landfi  hy  aectione  and  fractional  sections,  as  if  Uiey  hud 
b«!<>n  piirts  of  th.e  public    dowidn,  and  eiirvoyed  under  authority 
of  f^oTvress:  r*o  ytm  know  how  that  ht3^)})en8* 
A,  <lhy  the  rwioho  was  evidently  subdivided  into  sections. 
0,  I  thoiv??'t  you  }uid  somot'  in^-  personally  to  do  with  it, 
A.  W<>11,  I  did  do  it  over  a-'-ain,  but  not  t>io  ori/^inal  thinf^; 
I  found  t}ie  T^ase  Line  sections  were  all  run  throwh  the 
Hancho  \?hon  I  coi-monced  vrorkin^*  in  l&bH;   and  there  was  alto 
a  section  corner,  and  accej^tcd,  by  the  winery  thero,   inride 
of  th«  fTont;   it  was  not  pe    \yy  the  United  States  ^urvoy  r, 
bocioise  I  riin  Uiat  into  sdctions,  but  I  utilized  the  Base 
Line,  vjb  it  was  run,  and  that  one  section  corner  >^  the 
winertsy. 

Q,  State  i«4ieth.r  or  not  your  subdivision  into  sections  und 
fi'';ctional  sr^cticns  was  made  to  conform  wiih  the  adjacent 
liinds  outside  the  frrant,  the  siarVoys  of  lands  contiguous 
to  the  f-^isait? 


XL 


94-3 


A.  Yen,   uir;   on  the  aatt  ;and   3(>uth  it  waa  all  sectionised, 

hikI  t>iCB«  conform  to  the  govemmont  aectionti. 

n!K  COUIff,   0.   It  conforrjed  to  the  rovomjit-'nl  survey' 

A.  Yob,   Bir. 

?0l.  BRITT,  ri.  T)o  you  rnov/  what  tho  extimt  of  the  ^^nt  is 

t(marciB  tho  nortJi  thero'^  ^or?  far  it  tixtendn  with  reference 

to  the  Oncanon-'?:^  Oenyon'' 

A.  Yo«,   sir;   I  kno*.   «here  it  ie  on  tho  f^'ounct,  althou^  I 

\ucre  novor  re-run  tho  th.in/c^;  Uie  runch  lint?  a^iows  hb  you 

piiBB  it;   it  crofiHas  tho  mouth  of  the  cunyon  .iust  to  the 

uouth  of  wluit  you  would  call  the  Jkjuioa  i>lac«,  ru'-yx  on 

tho  brow  of  the  Jiill, 

TTHi;  COURT,  0,  T)o  you  menn  tho  nouth  of  the  Cwiyon  ia  on 

the  grunt? 

A,  ft  is  if  the  raouth  of  the  cunyon  ib  cloue  "^o  the  Runrioi 

house;   caiujVT  down  the  bico  of  the  hill  you  are  on 

f^averreien-.  lajnri;   it  is  within  hjilf  a  ^"ilo  of  there  the 

^itnt  lino  ^-000. 

??R.  BRITT,  C,  The  water  of  the  streum  ie  diBcharf?;Gd  on  to 

tlie  grant,  tho  lands  of  tho  Ouciiraonf^  fT^ait,  about  ho»  fur 

from  the  mouth  of  the  cunyon  ct  the  foot  of  tho  mountain' 

A*  Well,  it  dwoende  a  little  on  what  }ou  call  the  mouth  of 

tlie  canyon;   it  rewlly  diachargea  on  the  grant  line,  at  the 

MiOut>)  of  the  Gva^mi,  it  ie  practically, 

Q«  Now,  between  ihat  point,   and  tho  Cucuaon^a  Spi'in^^s  >iore, 

luid  the  lanclB  of  the  Oucaaonga  JjHiid  t»nd  Trrif?;fi.tion  r'omi)any, 

ia  there  any  interTeninf»;  government  lend  a,  or  lenrn  v/hich 

interco]>t  Uie  rontinuity  of  the  grant? 

A.   '"o,  air. 


X2 


94:i 


Q,  Yuu  Bidd  you  hjid  been  acqujdnted  with  uiiOBe  l^nde  uinco 

l^Jft5:  In  dtiiit  cttpixity  wer     you  Uiore  fir^t  uml  dici  you 

bocom©  fic'juiiintod  wiUi  tiiem  orii'inally' 

A»  In  Itibb  I  bbcijflae  quite  well  acquaintod  with  thorn,  by  bo- 
seven 
in^r  one  of  four  that  iJurcliuBdd  tiaa:  thousand  acroB 

pjirtly  in  tho  ^ant  arid  j;e4rtly  outoide,  anci  ono  htdf  of  the 

watar  flowin^';  frora  thia  l;24  aero  truct  or  the  8ijrin^?;B. 

Q.  i*'rora  tiitit  time,  Idtib,  until  those  two  corporations  ro- 

coived  H  dood  frora  Helltaan,  about  lfl9b,-  I  think  nnxaf* 

XkK  -  or  diiotia  frora  Hollman  about  1895,  who  w«i8  in  pos- 

ijofis-ion  of  t/iis  'oPA  ucra  tract? 

A.  Why,  Mr,  Bu^'-ners  was  in  ftosBOsaion  as  foreman  for  I.W. 

Hollman,  Jolin  0.  Downey,  !•><,  Hellnan,  B,  Drwyfus,  and  O.Vi, 

diilfia,  each  owning;  a  ono-fift)i  intoreet, 

0,  Well,  he  was  there  -  - 

ii.  As  forotiun  for  thera, 

Q«  Did  >ie  havu  any  possossion  a^^ai't  fr<»n  his  sraploy^es? 

A*  Not  at  all,  except  ats  workinr,  for  those  five  individuids. 

Q,  Do  you  know  an;;/t^!inp^  about  whtit  was  done  with  tiio  truct 

known  as  the  Cuc:_      ,  a  Vineyard,    at  that  time,  cor»nnncing 

in  IfiBf)^ 

Aft  Mr.  Humaos  was  also  there,  workirv^;;  for  four  of  Uios* 

parties;  O.W,  Clhilde  nmvr  htud  any  interest  in  tbn  vineyard; 

tlie  othor  four  parties  eai:h  o\vned  a  foiu'th  inix.rest  in  the 

VkneytiTd  at  that  tiaw 

Q.  V.>uit  use  was  made  of  the  vineyard  tract? 

A,  Why,  there  was  a  vineyard  of  frora  three  to  four  hundred 

aores,  and  they  irrigated  it  frora  tbe  watar  flowin;?  fron  the 

5^  aore  tract,  and  had  a  winery'  tltere  that  was  making  wine, 


i;^ 


944 


iwid  DOfao  oihor  fruit  troes  on  the  place,  not  ao  ▼•ry  mwiy, 

}mt  t>io  miiin  thin^^  tmi  th«  yinej^ard. 

Q.»  During  the  irrv^utin/y  noaaon  what  do  you  kno     Khoat  the 

UHC  of  the)  vmtor  in  li\bi,  Bnd  tlienctifor.  Jtrd  iint,il  the 

jjroaeni.  tin»,  on  t^.t)  two  tracts  of  lard'' 

.!«  Thay  lUiod  one  iialf  of  ttie  water  riainf?:  on  thut  524  acre 

tract  to  irrigate  tlie  voneyard,  and  for  alfidfa,  and  aonie 

yoars  thoy  had  none  little  com,  and  alao  for  tht^  fruit 

tro«8  tlittt  there  verc;  usxi  th«y  continued  upin/?;  it  ae  faj*  aa 

I  know  of,  to  tiie  ])re8ent  day,  ono-half  of  idiataver  ttriaos 

on  tiKJ  Itmd. 

0^  The  flour O'jn  from  Y/hich  th&t  Ymter  rose  bore  nhat  nane'' 

Any  gonoral  colloctive  neme* 

;U  Thoy  wero  known  nhen  I  wont  thero  ua  the  OucaEioi^a 

r)])rin|t5a,  tmti  netu*ly  •  a  larp-er  portion  or  laoro,*  two  thirds 

at  Iraut,  cwae  tio^m  tiie  crock;   and  the  firet  year  wb  -i^ore 

there  and  had  un  interest  in  the  property,  a  thirty  inch 

pipe  lino  wuu  built,  in  the  Pall  of  'Bi)  or  early  in  •86,  to 

|^>t  the  ^mtor  out  'ry  the  'fountain  Tiow  ^^otel,  to  divide  it  up 

butwocn  1*h«  tv/o  conpaniea. 

0,  "our,  reforenco  in  made  here  to  the  524  acre  tract:  State 

idiotlior  it  is  the  oiine  tract  n^hich  ia  narked  on  thia  nu{) 

I'idiihit  2,     aa  526.97  acroa^ 

A.  I  iaoi>ji  tht)  aawD  tract;  thoy  uaed  to  call  it  f)24  aorea 

mitil  a  aurvfjy  was  n»ri«  end  it  was  found  to  bo  h26;  that  is 

tlio  BUHO  tract  I  tin  reforrin^i;  to. 

C.  That  M  inch  pi^o  line  haa  baon  rttte.rrwi  to  aeroral  timoa 

in  tho  coiu-oe  of  the  ovicionco.  Will  3'ou  point  it  out  on 

tiiia  ciaj)  Plaintiff* a  Exhibit  2? 


M. 


94o 


o 


A,  It  conneTicttB  rif»5ht  at  the  ad«:t»  of  tbo  wash  marked  here 
"tread  of  %^  indi  piue  line",  tmd  nms  for  about  1000  fact 
down  to  a  )joint  juet  northwest  of  t^^o  ronerroir,  und  below 
tho  .*4oimtain  View  '^otel;  the  orisrinul  contru(?t  «ib  for  1000 
foot  of  pipe. 

0,  T»  that  Uountoin  View  Hot«l  you  BiJOuk  of,  the  same 
build iiv?  Viiat  h^sj!  bonn  refi^rrod  to  in  Bona  of  tlio  oviderrico 
a»  tiio  bricic  hotel*? 
A,  Y«o,  air;    the.  Ba-ie  building, 

Q,  Ho\j,   in  what  ytior  was  that  .■1>0  inch  pipe  lin«  conatructod'' 
-,.  Kithor  in  tho  Fiill  of  '85,  or  th©  Sana's  of  *bi),  i 
oouldn't  toll  «*iidt. 

0,  J^tate  ihothor  or  not  that  pipe  line  c-mtinuao  until  tho 
preaent  riiiy  to  be  a  conduit  for  tho  oonveytknce  of  water  U  ere"" 
A.  Ye.'?,  Bir. 

0.  W;  &t  pert  of  the  water  of  the  Cucaionpia  Spring!  wm  in 
Uiosa  earlier  days  taken  into  the  ^  inch  pipe  line' 
A.  All  of  Uie  Oucamoriga  -^prinp^o  corainr  frora  the  •  wiiat  is 
known  ub  the  creek  water  wa«  taircen  in  at  once  Yjhen  it  was 
built. 

0.  And  w^iat  was  done  with  if* 

A.  T>iero  vas  a  diiision  box  at  U^e  end  of  the  ^iO  inch  pipe 
line,  aiid  it  was  divided,  hiilf  ^^oin^;  into  tho  ree-nroir,  or 
at  least  turned  to  the  r!uottsu»v^  Vineyard  iind  Jrr xfi;u\. xon 
(Joni^any,  and  th©  other  .»ent  throu'-h  a  22  inch  pipe  line  over 
to  Follman  Avenue,  for  the  benefit  of  the  Cucfixnoncra  Fat  or 
OunfMUl^',   una  Clase  A  anci  Class  B. 

Q.  ThiiJ  ha  f  that  was  not  token  over  to  Hellmiin  Avenue,  was 
it  utilised  at  once  on  the  conatruction  of  tho  pipe  line,  or 


JUL 


946 


hiid  it  been  utiliaed  before' 

A.  It  hiud  beon  utilized  before  and  th«y  continued  utilizinr 

it;  befor«  that  pipe  line  vaa  built  thare  was  «  wooden 

flume,  nhat  «f5  culled  of  a  temporary  nature,  that  brouj-fit 

tliu  water  out. 

0.  At  th.o  time  v?hen  you  first  beofime  aequaintod  with  t>e 

l«ina  tiiore,  and  the  water,  state  whether  irrifi;ation  was 

practiced,  and  whether  the  productc  of  irriration  were 

Ui>ptir«nt  on  the  ground?  Wnan  I  apeuk  of  producte  of  irrif^u- 

tion,  I  tmnn  irrigi-.ttici  fruits  of  vinoe  or  cropa? 

K  ^ell,  the  main  irri^R;ation  vas  the  yineyard;  there  waa 

tiuree  t,o  I'oiu'  hundred    screB  of  vineyard  which  was  all  irri- 

<i;uted  entirely;   fiiui  ofccuroe  it  produced  ^Tapes,   and  thoy 

wore  fnanuftictured  by  the  .winery  on  the  p-round  there;  and 

uIho  Uie  'Viator  was  usad  as  a  power,  from  the  rosenroir  down 

to  the  '.inery,  to  run  the  raacltinery  of  the  winery;   unti 

tliere  ^^tm  idfalfa  pltaited  uhoyu  the  ^ita^  road,  quite  a 

little  bit,  for  soma  yours  before  the  vineyjirri  that  is  t^  ere 

now  was  plf^ntcd. 

0.  I  think  it  htie  already  appeared  in  the  evidence  that  you 

lu'c  tsn  enfiineor  by  profeeaion,  a  civil  en^rineer  and  hydraulic: 

If  it  has  not  so  appeiurod  I  will  in(iuir«  if  theit  is  so' 

A.  Yea,  eir, 

Q«  To  you  knoft'  hov/  to  ntiamire  wator** 

A,  Yes,  sir. 

0.  Did  you  have  that  knowledge  m  lUi)^ 

A,  YOU,  sir. 

0.  Did  you  mako  any  Dsasurcnents  of  the  ([luuntity  of  wator 

diiBchtti-fTod  from  the  Cucwnonga  Sprin^oi  at  that  tine  in  VM:^.^? 


10 


947 


An  I  don't  tiiink  bo;   I  t>iink  ray  first  raeafliirar-^ent  was  mudc 
in  m'7  or  18^J6. 

0,  ^Tate  yo\i  uny  rionor  nda  #iich  rf^.ow  the  ■BMurenents  Bade 
tlum,  and  whore? 
A,  Ten,  sir;   I  >iavo  nomornnria. 

(%  Well,  lot  \uj  know  the  yocO*  of  the  n»aBur«n»ntB  you  made: 
I  am  not  roferrinf^  to  Uie  later  raeaBurenente  Which  nhow  <m 
Uiie  titbiilt.tion. 

i\,  1  will     i.vtj  to  rof  r  to  this  sheet  that  I  htve  in  nry  hanr' 
to  refroL'h  »Ty  r^anory,  I  couldn't  roncmbor  it  otherwise. 
Q,  Any  Beworijnda  you  have  mwte  hy  yourself  tiiut  you  know  to 
Ix!  correct^ 

A.  7^\(i  firrt  neasurenent  I  nn^e  wae  July  loth,  lf;l'9. 
('.  W^\ore  wufl  it  '•'Uixie'* 

il.  |t  was  a  naeaauronent  made  ut  the  dlTieion  crevk  box,  ulo  ol  e 
end  of  the  .-iO  inch  pipe  line,  which  iu  a  riivinion  hox 
above  the  reservoir, 

i}m  Was  that  tlie  di8tf..nce  of  a  thousimd  feet  frora  the  in- 
take of  the  pipe* 
A.  Yon,  «ir, 

0,  Verj'    .t'll,  what  did  you  find' 
iim  I  foimd  there  was  1B4,U'  inches  then  flowim^, 
0,  That  was  in  the  Su»^ner  of  Ir:-  9? 
A,  Tiiat  was  July  l;"ith,  18H9, 

()•  IRiat  water  did  that  include,  water  froa  vvJiat  sourco' 
A.  That  included  simijly  all  the  vuater  that  we  p:at}!ered,  at 
least  that   m  could  gather,  frora  tlie  tiurfttcr,  from  the  crock. 
Q,  At  that  tine  was  there  any  so-oallod  develojed  watur 
from  the  tunnel b** 


J.V 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

fe  14 

o 
u 

§  15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A,  Mot  included  in  thtii  ijortion,  not  inoludetl  in  that 
rjoitaureiont, 

Qn  liow  did  'oJaut  quuntiby  of  mxtor  corroBpond  wiUi  the 
ordinwy  Burner  flow  tit  tiw.t  tin-e,  1 01^:0  other  seusonc'' 
A,  I  tiiiTil;  at  avorti^d  Lboui  the  aame;  although  it  waa  con- 
akioru^bly  Icao  than  itwua  mctiBKroci  three  ycuxn  >^oforo  by 
Ouiftr,  uii  toBtifioci  to  by  }'r.  lynch;   ktiC  it  was  coneidor- 
fthly  lt;j >r  th.wi  it  was  tho  foUowin;:-  yeer  its  m«a8nr«d  by 
Oulvur  tmd  tmyfiolf,  but  tuke  the  p<.rio('  of  fiyrn  or  Hix  yearB, 
iti  wufi  ubou(/   Uifc  tiv<rfif;«,  ]jrohii>bly. 

-\  y.t  that   '-ivfio  ii'us  th?;i*e  any  othi^r  witor  bvdiif;  coll  acted 
from  tho  ruc?anons«;u  Sj^rirvta,  cjic;  usod  for  irrif^.-ition, 
oth'-r  Uutn  thitt  «.'hich  you  meuaured  on  July  i«5tii? 
A.  ■^'"OB,  isir. 


.t  'turn   it'' 


A     Thf'ro  ;vii3  ti  I  ixf^e  horly  of  wiit^r  collected    'it  U:-it  tino 
ut  tho  rjiiuth  of  v;hii.t  it;  Ctxllod  hero  tho  Y  tunnel,  and  that 
wia  till  aswi,  one  half  for  tho  vineyard  j  'SojjI©  and  the 
IrrjLf^iitiwi  Coiapany,  and   the  other  htdf  for  the  settlers  and 
t)}«  Cucunonf;u  l^anil  isrJ  'vTator  Conjiany, 

Q    Tlu)  firiit  htJLf  thttt  yo\i  -aontionod  wus  UB«r  i^ere?  On 
Uiose  iiindfl  timt  you  huvo  }>  on  do.scribing,  tho  Oiicii/:onru 
Vineytu'd  '"otq)ni-\y*ii  land,  w.\(\  the  Ifindf!  of  tho  Cucar.ioTifi;a 
L<md  iutti  xJi'^"  ig'it  ion  Co/npony? 

Yon,    sir;    uno  h.df  of  tho  vtutor, 

'i     ''uvo  you  BiOiUjiU'»>.r)ta  inude  ii})out   the  nwao  tino  of  that 
(jUijntity  of  wtttwr? 

uivo  tt  LiuttBurenont  »uucio  tho  Bura*;  (<w. , 

V,     »..>«,t  was  if* 


^^ 


10 


949 


3 

4 
5 
6 


10 

11 

12 

X     13 

aJ 

2  ::  •-■ 

S  o  2   14 

";  0.  o 

^   X  cc 

M.i  15 

n  <  lii 

-    0. 
►J    a   3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A    16d,b7, 

0    Ihat  wus  it' 

A    165. {)7  minttrs*   inchoa. 

0    Wier«  wai  that  TTjeaBure-ient  made'' 

A    Tliat  noaBur^Kin^  vac  nado  at  what  ie  culled  on  this 
aaf),  oxliibit  2,  sand  box,  at  the  head  of  tJie  16  inch  pipo 
lino;   it  included  t>ie     at^r  from  tho  Y  tunnol,  and  also 
fr«ra  tho  oicnaga  that  the  Y  t»innel  ilowod  thiou^^^;   th«re 
was  an  open  jointwi  pipe  that  hrou/Tht  the  water  into  t>iat 
Band  box  and  collectod  water  alec. 

Q    State  whether  or  not  any  of  tuie  watrr  inrolvod  m 
timoe  two  r^oaeurwnentB  was  piiraiied  water,  or  whether  ii  was 
<dl  gravity  i&uter? 

A    No,  eir;   ell  fi^runty  wator  flowinfr  from  the  Y  ti.innel, 
and  trim  tvu)  creek  imd  the  cione^a. 

0    Wiorft  was  no  pnnj[>»d  well  boln^';  diBcharced  into  either 
of  thoBo  pipes  #iere  t}ie  meaoure'^^entB  were  i?ti>de? 

A    Ho,  8ir. 

Q  In  1.}ioi5©  days,-  I  aa  speakinrj;  of  the  period  fron  *Bb 
to  '89,  what  did  you  observe  aa  to  the  ?ec;otation  Rowing 
<m  thin  crcok,  on  the  f  26,97  acre  tract,  and  I  km  directing!; 
your  attention  to  the  channel  or  wash  narked  on  tlie  plain- 
tiff's KxJiihit  2,  on  the  east  aide  of  tho  red  hill,-  V  ^a 
in  vfh.ara  it  is  si'uated,  i:n*t  it  on  t^is  east  side  of  tho 
r<id  hill' 

A     Yes,   rir. 

Q    IFell,  now  I  will  ask  you  about  tiie  mam fes tat  ions  of 
veK«t(il)lc  f!;ro^1:,h,  t}ie  trees  and  brush,  and  other  j^lant 
f^ov.'th,  if  any?- 


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A,  For  liX)0  feet  above  the  intake  to  tlxe  iSO  inch  iipe 
line  it  wao  filled  with  uld<»rB  und  ^owtJi  of  trooB,  wui  on 
oitht>r  Bido,  fairly  well  repreeented  on  Plaintiff's  Eidiibit 
Ho,  2,  by  l<u'p;«  wiiito  o]Jota  intondori  to  rojjroaent  ciene^^aB, 
cione^^a  raUior,  that  you  couldntt  walk  over,  unleaa  by 
jiBav'i»';  fron  point  to  uoint,  und  ev»m  tJum  it  wop  >>j  rd   in 

80R0    Of  18  68, 

0.  At  vthat  8ea8on»  of  the  ye«r  was  tliat  bo^ 

'.    At  nil   seaBone  of  tb^  -/pjir,   BU'-ricr  tmd  v»intor;  more  wet 
in  wintior  thou'ti. 

0,  State  #sotb«r  you  obeerved  t>^e  nature  of  the  channel  of 
\A\ii  cr«ak,  ortendin-'j'  >■    from  the  Cucanon^a  Pprin^  to  the 
nmith  of  Uia  canyon,  ut  the  foot  of  tJie  mountain  rvrifrv,, 
in  ihoRO  tiiaoB' 

A.  I  doT>'t  know  that  in  any  of  those  years  I  have  followed 
it  fror  the  Baae  Lino  north;   I  hwi  frona  the  50  inch  jjiiie 
line  to  thy  Baijo  Line;  bn6  1  hvA  driven  over  it,  cronsed  it 
at  other  tine;   I  don't  thin>  I  followed  the  channel 
])articul!.rly, 

(},  Do  you  ro  or  b  r  durin*^^  t>ie  Supiior  8«&8<m  how  far  north 
the  watnr  roBe  in  tliat  chtinnel,  or  wish,  tow<ird  the  Baae  Line 

jI,  I  novcr  rneaauBed  it  but  I   a}iould   RUppoBu  from  oix  to 
oarht  hundrod   feet,  poeeibly  a  thoucsand  feot  below  the 
Baae  Line,  w^iere  the  firnt  \vator  hof^tun  to  ajipeur;  between 
BIX  hundred  li^d  a  thousand  feet;   it  was  dry  at  the  Base  Line 
dT»rinr:  the  BU"nor  Beason  always  in  those  year  a, 
^Cl^,  0!AP?5AIi,     .   iVhat  years  were  you  reforrin;-  to** 

A.  •wron  *Hf>  to  '09  or  '90. 
tin,  BiiITT,  0.  Wiat  have  you  obaerved  with  reference  to  the 


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»  o  3 

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M i>i>i 

difichiirpin  of  wator  from  t;>ie  month  of  the  canyon  durinfi; 
iJOUBona  of  freuhot,  if  unythinfr,^  Beuaons  of  rtin^'all. 
i«»uit  qutmtitieB  ti?id  what  hecome  of  it? 
A.  I  tldnk  I  hcvo  criiy  i.i,uo  uboiit  twu  tripe  during,  tho 
vanter  uraeo  to  tiie  canyon,  or  duiing  th«  timen  of  hauvy 
ruins.     At  each  of  thoue  times,  one  was  in  the  90*8 

HoratHviioro,  and  Um  other  was  two  or  Uiroe  years  ago,  thero 

wtu3  a  luTf',©  body  of  water  corainf^  from  the  canyon;   I  did  not 

noaRiiro  it;  simply  the  velocity  was  houTy,  and  it  •r.tts 

?J)  to  IK/  f-ot  svide  -  botwetin  th«j  two-  an     it  sank  hefo'^e 

it  f'lot  to  the  baue  line  at  tbosa  two  tines  I  refer  to. 

(}.  Did  you  observe  the  nature  of  tho  eiirfuce  coil  betaken 

the  nouth  of  tho  Cjtnyon  imo  the  T?af!«  Line,  just  north  of 

Uie  (Jucaj-ionga  Sji'rin>'j;fi? 

A.  ^y,  it  mm  Binrply  frp-.-ivelly  o])en  uoroue  ooil,  kif  debris 

from  tho  mountaino. 

'■',  Pid  you  observe  .irrything  of  a  debris  fan^ 

A.  Oh,  yoB,  it  shows  for  itself  on  tho  ground,  thiat  it  is 

a  debris  cone,  ae  you  cjidl  it,  firct  foraod  in  a  ^reat  many 

difforent  sraall  branches  Wiat  jwi  c«n  trace  down;  soveral 

different  brioichcs  you  can  call  bianchoa  of  tho  Cucuraonga 

Canyon  waoh  you  Cfin  trace-  for    nilos. 

0,  T^urin^;  tJie  tirao  you  have  known  that  territory  sihich  wm 

tlie  princii>tJl  diarmel? 

A,  Tlie  first  years  vnhen  I  vrae  Wiero,  the  i;rinciiiul  cluuinol 

YML8  down  •rnthe  east  chunntil,-  comes  do*n  thi-ouf?^i  t>uo  crook; 

and  thon  there  was  ono  oet  of  years  betweon  90  and  '95,   if 

I  renof:ib«r  rii,>}\i,  t^iat  more  water  cantf  dovin  ont«  of  t>!0 

other  ch/Annols  to  the  west  of  the  red  hills. 


JJ3L 


95;i 


t).  How  far  to  the  weat  of  tb«  red  hill?  I  woul-    raihor  you 

t»ould  not  confuae  ua  h«r«  hy  uoinf!;  the  plural;  wo  are  hero 

cliiefly  concomod  with  a  sinr^o  red  hill. 

i'v,  ^oll,  these  }nirticul  r  years  thia  large  body  of  water 

ciine  (own  til  on/'  the  lines  probably  west  of  any  of  the  land  a 

on  thiti  raaj);   it  was  really  weat  of  the  90  acre  Iract  oven  ; 

(uui  I  Hupt'OBe  it  ^aa  turned  there;   we  were  told   so;   that  is 

all  I  i:no*(. 

Tills;  COUiC:,  V,  Tiio  muin  hiil  is  on  the  90  ^icre  \.cixt'> 

A.  Veil,  th«  eaat  edge  of  the  yO  ixre  t.ract  is  part  of  the 

'fiain  hill. 

*{Ii.  BRITT,  Q,     ov;  far  west  of  the  jO  acre  tn..ct^ 

A«  Ab.  ut  a  qutirtrr  of  a  mile;    the  Aaeh  aiiowa  tliere;   it  is  a 

larfo  ■aash  on  the  ^ounc!  t}iore  now,  not  cultivated  even. 

Q.  L-o  you  jinow  how  it  Bhifted  '?  ;-.ck'> 

A.  I  know  that  it  ah  if  ted  V-uck, 

Q«  Watt  that  durinja^  the  last  few  ;  eara** 

/I.  It  shifted  b- ck  so  that  durinr,  the  last  few  yeara,  during: 

the  htsavy  raina,   the  water  has  b«-;un  comin-;  throu^^i  the 

oiist  channel, 

Tn?  rOIJKT,  0.  Po  you  mean  that  it  run  down  that  l;u-f?;e  wash 

west  of  tiio  red  hills^ 

'..  Yee,   Bir;   for  two  or  three  years  there, 

0,  There  has  been  some  talk  of  a  ivaah  or  waterway  between 

t\iio  ru»d  hi  Is:  You  don't  mean  any  of  it  flowed  down  there' 

A*  Some  of  it  did,  the  branch;   the  main  body  of  water  for 

t'>fo  or  three  yjars  Mat  d^ioi  so  that  it  did  not  touch  any 

of  the  f\icur?!on^';a  Fruit  Land  Pompany's  landa;   it  touc}it;d  Uie 

eastern  part  of  tJ^e  Ontario  landa  for  two  or  three  year  a;   I 


2;» 


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c»in*t  rewenhor  yf^reLt  yearB;  olonr  in  the  90*8  Bon^eti^ae, 

^1?.  WITT,  ^,  For  a  miriber  of  ytnTB  L».Bt  post,  do  you  know 

irhere  tlie  firinci]>al  chtJiinel  is  situated? 

k  Yec,   Rir;  Wie  cbuimel  comtie  down  ii^«re  it  did  when  I 

first  \i\<m  it,  in  the  eaet  chtmnel.   I  have  no  doubt  duriiv; 

lio'jivy  etorrac  it  ^gnan  botJ^l  ways, 

^*"K  COUIfr,  0,  T'O  you  knov  whether  it  <J«ra©  back  to  the  old 

chanriol  naturally  or  Whether  it  vas  aided  ttrtificiidly** 

A.  ^:o,  I  don't  know, 

"I?,  BKIiT,  (\  You  Bay  there  Jiro  a  nxinhor  of  channels  of 

viu'yinjr^  diinenBions  on  that  dobria  f>j\  or  Cv-no'> 

A.  T>i«rr'  are, 

JfH,  BKITT:  Hould  -^  j/reo  on  t>'0  ^Adnieeion  of  one  of  theae 

United  'tj-tee  rreolof-^ical  *'urvey  Cuctunionf^ja  Ouadr«nflrloB,  as 

btdn':  im  approximately  correct  exhibit  of  tho  to|)OfiT^[)hy  of 

t>>o  nouth  of  the  canyon,  and  Ihe  country  6o\m  ao  far  ub  and 

bolovj  the  Bafio  Line 

m>  JOLm^K:  I  would  like  to  aee  it. 

^(R.  0^?AP*'A>I:  You  can  use  it  ao  a  ditipxorn  for  n^iateTor  it  is 

worth,  I  oon't  know  liow  accurate  thoy  are;  I  don't  sui^pone 

t))oy  lire  oztict,  but  about  m  close  as  Bnythiivc  else  you 

Ctill  fiot, 

What  section  does  that  cover,  wlutt  ■"ea  of  l»»nd' 
'fH.  ^PITT:  The  sc<do  in  just  about  an  inch  to  a  mile,   al- 
rioat  exactly  an  inch  to  a  niile. 
A.  It  covers  soiaethin^  ovor  a  tovnsht>;  and  a  half  of  lend; 
it  covors  ;n»8t  to  include  all  of  J!an  Antonio  r^invon,  and 
eant  to  include  the  Ftiwfinda  Canyon;  and  nost  of  the  mvnnit 
of  the  mountains,     end   south  to  as  far  as  rhino. 


JiL 


954 


'Q?.  BRIIT:  We  o^Ter  t^e  paper  in   evjidei^co,  aa  btin^'  ttn 
ttj)jt»rojac3ately  correct  dolinoation  of  V-'    topogrej'hy  of  the 
country,  in  the  neighborhood  of  th«  Cucanon/^  Fprin^B,  anci 
Uie  Cuctttwnf^sti  wash,  the  raountuini),  focthille  und  Talloy, 
(Admitted  in  wicotic   ,  niu-ked  Plaintiff b*  Kodiibit  ul), 
}ni,  PKI1T,   <\  ^.«.t  do  you  know  ttbont  th<J  c>aractor  of  the 
raountuin  r^Ji^e  in  r.hich  tlus  CuciiBOiiga  Crock  haa  ite  rie*, 
wliether  eteop  or  othorwiia,  >iih<»tb«r  it  io  vootf*d  or  otbor¥(i«o' 
A,  Woll,  it  in  Tory  procipitouR,  the  Cucjinon/'u  Ctinyon  iteolf 
in,  ttnci  there  is  co/apiiratively  littlo  wood  in  it;  I  hwre  boon 
up  s  little  orar  Uj-eo   nilee   frora  Un  'nouth;   Uuit  Ib  th« 
furtheat  I  iiave  oyer  boon  up  in  tht?  cuiyon. 
0,  Mow,  you  spoke  of  the  uue  of  tb<  r  in  ll^yf),  and  for  a 

fow  yeara  aubsequontly!  state  v^oth.or  or  not  or  how  lone; 
aj'terwjird  t>.e  wator  continued  to  be  used  in  tlie  siuM  myf 
:-,  I  coulci  not  state  the  ^;xa<!t  date  of  when  the  water  ceased 
flowimf:  t))ere  so  us  to  deprive  thwsi  from  irrigating  the  Tine- 
yerd,  but  I  suptose  it  was  about  1*JOO  to  1-.I01,  poaeibly  1V02, 
tiioy  /;;ot  80  short  tliey  coaldnt  irrigate  the  rineyard  any 
nore,  t^nd  then  tJicy  ceased, 

(},  Vvhat  i  went  to  know,  wiiothor  the  ^mtor  continued  lo  be 
\u!od,  ttfl  loii':  liS  there  was  any  water  to  be  used? 
ii.  Yob,   Gir;   it  was  ussd  as  long  as  there  vwm  water  in 
sufficient  qujjitity  to  use, 
().  Do  you  know  by  whom  it  was  used  lind  vhoro? 
A.  Vliy,  it  was  used  by  the  ^uesnoniB^a  Vineyard  f'omjjany,  and 
tlie  Cucar3onf;;a  Land  and  in-i.p;ation  Coapany  after  *'ji},  v.hcn 
t}i6y  or)y;unixed  the  corporatione;  that  ie  one  half  of  the 
water. 


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0.  I  hfiliefo  you  were  concom«d  in  both  tbope  co^^aniet  at 
ono  tifflo? 

A*  No,  not  ac  an  oi^Tier;   I  was  a  coRiniRf donor  that  h<*li>ed  to 
]>iartitin  them;    afterwarda  th«y  threw  away  the  partition 
aiid  orgunisod  into  a  coivoration. 

Ou  l^iitt  did  you  obaorvc  in  thosa  6ai*li«:r  timea  itbout  the 
continuity  of  the   flow  of  water  in  ubout  th«  quantities  you 
have  describod''  This  noajyuursru^nt  was  made  in  July:  v^tut  X 
aim  to  inquire  ubout  ie  ^a^iethcr  it  r»in  lihout  the  stmo  way, 
or  'ati6th(5r  it  coneiderubly  diHinisJied  ouriwr  the  renuindor 
of  the  seaoun? 

A.  I  think  as  a  rule  thert<  was  a  ■mall  j)eroentwo  less  vater 
in  Aufoiwt  thiun  in  July;  and  fron  that  ti  •«  on  it  inoreaeed; 
thoro  fraa  ulwayo  more  water  in  Boptornbor  than  Uiore  was  in 
July,  but  I  think  leRs  in  Au/oict;  the  balfmco  of  the  year 
ofcoirsje  Uioro  was  riore, 

0«  VAiat  do  you  know  about  the  historj'^  of  i*>at  has  boon  d»« 
ocriboci  bore  or  called  the  bif^  well,  well  >fo,  14,  as  marked 
on  Pluinuff'e  libdubit  !♦ 

A,  W^y  tho  well  voir  first  borod  by  oithor  H.W,   '^towell, 
«ictin;':  untior  orders  of  tho  Cuct»mon^';a  Fruit  Land  Con^any,  or 
by  Uie  Cucjifion^^a  T?ruit  T,and  Cor^ituiy  direct,  and  I  think  it 
was  stiirted  in  liOl;   it  nifr^it  have  been  in  1900;   I  think  I 
mm  furniuJ-i  those  dates  exactly  p^  rh<i.ps;  when  \it  ntnl  down 
vni  struck  ^s4iat  we  call  a  Tery  liurre  well;   and  o\ir  tiyrmel  was 
Borae  three  hundred  feet  •  I  say  "our"  -  I  rattan  the  Oucanonfra 
^'Vtiit  Lnnd  Company's  tunnel  was  sosie  three  hundred  feet  below 
liitj  well;    (ovi  then  we  spent  a  ^eut  doid  of  •  oney  in  the 
neiit  yuar  or  year  <ar»d  a  }ialf ,  tr>inp;  to  push  the  lunnel  on 


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to  the  woll;   and  at   the  tin«  the  Fruit  Land  Coiq>&ny  cold  out 

tlioir  inloroBt  in  the  land  the>'  had  not  yet  r? ;  chori  the  ..ell 

jit  tho  lovel  of  tho  tunnel;   t>Hiy  had  retched  tn«j  aoII  vvith 

<ai  \ip]>e)r  turoiol  and  hol^jed  to  eyphon  it  off,  but  not 

roachvd  t):io  tvell  ^tuolf. 

0.  Do  you  know  by  W'^oia  that   connection  buji  aaot  Vietwten  tho 

tirnnel  hr\A  the  voll** 

A.  t  the  pi  OBont  tunnel  lovol  do  you  laeiin* 

0.  Yea,  oir? 

A,  I  don't  know  whoUier  it  was  ih.e  Ontario  Power  Corapuny, 

or  tho  r>4m  iuitonio  Watt>r  Coraj^uny;  it  vtui  nade  by  one  or  tho 

other  ovmora,-  the  oimors  that  houpjtii  from  tho  Tuci    ur;,  u 

Fruit  Liind  CoRtt)ttny  • 

Q,  I  WM  aakin/c;  you  about  your  p«rBon':.l  kntwedre  on  the  mibicct 

A.  No,  I  don't  know, 

0,  "Ho  you  kt^ow  'ffhon  the  iwator  was  first  tekon  out  of  that 

woll  into  tJie  tiinnel  in  considerable  volu«o' 

A.  Well,  it  t/ttu  ^lowinj:^  before  the  Cucitaon^  Kruit  T  and 

Cwq^ttny  told;  it  was  flovrinct;  throurfi  a  tunnel,   Uiroufljh  a 

Byphon,  hein^r  ayphoned  down  into  t)ie  tiinnel,  nixd  quite  a 

voluniw  /',oinf,  in  at  tliat  tirae, 

Q,  Have  you  ever  obaoi'ved  the  quimtity  of  v.utor  uhidi  MM 

riiochuj*;i:ed  from  that   auII  into  the  tuamol,  Buy  two  years 

tt^co  or  four  yearB  a^? 

A,  Only  frorr  the  nwattureci  nte  dovn  below  at  nhut  ia  ealltd 

tho  eement  box  of  the  T^an  Antonio  Co^iany;  only  from  maafiur- 

iiu^  tl^iero  below,   viiuch  would    probably  incl\ide  other  wella 

wliich  connoctbo  before  it  fot  to  that  point;  it  ie  tl;o  bif^ 

woll  of  that  neijc^iborliood,   and  flowed  raore  water  to  at  art 


m 


9o7 


with  thta\  tmy  of  tho  other  wulle  wc  hwTo  Ymjd  bnyt}>in^r  to 

do  with, 

Q,   '  hii-t  ciu  ^'uu  .'.nun  auvjuu   u.'.t;  MtiUury  oi    Ut«  80*cullud  loth 

ntrotjt  wcilie  of  Uio  Hwi  Antonio  Water  Cot^jitiny  t,o  the  north 

of  t>!e  BaBe  Line? 

A,  Vi/hy,   I  only  knov  tJ-mt  tho  16th  Street  voll,  v>ic>i  I  Uiink 

iit  woXl  No.  1,   of  Uio  Fan  i'mtc^nio  \l('atur  Coiajjunv,   tmA  the 

first  one,  and  that  cor^Tatmcod  i  i.mjiin^r  in  *V6  I  think  or 

t)u>rauhoutB, 

(U  Do  you  BiJQuk  of  the  KaRkoll  well? 

A,  No,  t^-e  Haflkell  well  whm  some  years  later;   the  ''uBkell 

Troll  co'M<iiiCBd  t'Uianin;'-  in  1899,  arid  I  think  Uio  Haskell  well 

Moa  tho  next  ono  t^iat  they  did  cownonco  {)un;'iiig;   tiiat  ie  ray 

Httnory,  hut  hb  far  an  koeninr:  ciatce,  laoBt  of  i,kioBe  t^in/^re 

I  ]mv<m»L  i*ot  ajiy  catuK,    .xcupi,  just  gonerfJ.  renembrtiiict; 

to    th(HB 

(),  V}:at  die  you  notice   if  iaiyt'imr  ub  lo   the   diBbj^iJearanc© 

of  water  in   the  Cucaraon^'ia  iprin^-a,   on  tiv    :  :..rt.    aide  of  tiie 

r«Ki  idll,   ouhbeLjUontly  to  the  optfratione  of  tho  San  Antonio 

Wutnr  rowRiany  in  the  ITiiukell  well,   ariH  ot^^er  woIIb  north 

of  Uio  iji*6e  Lino? 

A.  Wiy,  tho  water  in  the  Cuca^ion^a  Sprim^B  fell  quite  rapidly 

after  iHS/v,  as  sKiovm  by  varioun  neosurerromtB. 

Q.  Any  of  Uiorr.  nsune  by  youraolf? 

A,  Yes,  Bir;   a  pro'^t  mnny  of  th«ri  nade  by  ogytcif ,  and  boom 

b}    oUierB  that  I  have  *5ot  en  t>;i8  dia^raia, 

Q»  In  dopundontly  of  Uiose  auaBurtcMntB  that  you  haTo  of  the 

flow  of  wator,  what  did  you  noi-ico  ub  to  the  but  face  indica- 

tione  on  tlie  ground,  in  the  eraok,  and  m  tho  cienegai,  und 


J£L 


95, 


a.s 


1 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 


i     13 

2  i  '^ 

!     ^  -i  " 
i    z  °f  S 
M      Sic 

)     ffl  <  ui 

-5  I 

r  16 


17 
18 
19 
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21 
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23 
24 
25 
26 
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29 


•^UJifit  l.'inc!,  on  ohia  iur;:*?  tract  of  &i26,97  ucres'' 
.rU  l^hy  Uiey  b^^'-sri  to  dr,'  ui),  be.-'-an  to  dr.-  out,  tffid  now  the)'' 
4U  u  ail  dry  «it.'i3uj.uut?x^  i  i   L,.;anA  oiiLi -J  ij;  :u  cionogttn  -  >^e.ll 
no  ciontMrwj  on  tho  property;   th«;re  it.  Bin^lv   r  .  -       l<iiid 

dtr.Ti  in  tihe  ^^o*-;  en  of  "':>iv  cr«ck,  on  t>:>  rir»),  +^*e 

];i'ut.-<3j:it..    i(i*,i-.■^i    .:.ij(.ii;    u.xU    ...-.ta-u   j.;.     i.v   c:i."JUw^*i*.  lu    lu'-j  r.i»  kl.,    of 

irhtiro  i(}i«  liuv^t  cioneruc  aj-e  sho.in  on  that  imp;   tnoy  ririftd 
u|>  fn-»duti.lly;   I  t'^ink  \h\m  were  all  dried  four  "ouro  ti'O, 
iiv   i  .-Vc   v'jfca'ii  tt*sO  i/Ui"tU4^u, 

.  You  hjiV«  )\i:o  ftorstitnin^c  to  do  wi^  ni.'. tract  ion,   I 

t>Lin,r.  of  T«!ut  xa  cflled  i,lio  Y  tunnel" 

nm  \hi\  linoB;     r.  LyncV;  *a6  the  ro.'.  of  t}!u  corii'tuny  »kt 

t><at  tine,   ^tk    ^a.;.n  on  the  cTounr.    fdl   uhe  '.^ino, 

A,  It  i«us  not  oniarred;  it  w&is  doop&ned  in  IvOO,   .iunt  uftor 
■w*'at    -.'UR  c;'ll<!d  tbo  T'acKrierr.cn  l;,WHuit;    it  v.-a?  ccc/ncd,    :^2d 
tiie  Ui)j.{;r  piU"!*  oi    it  co^.ynou   tua  jlv.;i.,  u;-iio  ii   un  :,  i.      ; 
iSTude,  imo  thorti^  was  tw  rift«^en  inch  wolle  boi  i«i  oo^n  to-c- 
i-Vlri.-  liVo   'OO  ffV't  ;,t,   U-.P    CT-.H  cf  t>c  Y  tuTirr-l    in   \>t:  voar 

ivuu. 

Q.  Ttmt  i«  Tidifjn  the  tvHi  ^koIIb  were  bored? 

A,  Ye8,   Bir;   at  the  i.;.yCi    and  of  the  Y  tunr\«l, 

A,   I  t>)i7iK   tj.<j   sec^jnr  yuai    tney    w»rc  ;    lituie;   out- 

»i:;(ie  of  Uuit  tirtio  thoy   *or»3  nov<ir;   m  fact  they   flowed  a 
fCJ'oat  dttitl  of    fcutor,   itiid   iTicrtj&Bod   the  nut'^r  in  t>"'f;t  Y  rimTcl 


2li 


1^. 


tliut  so&aon  materially. 

0.  Vftien  wiis  tho  Y  tuyinol  fir  at  conetructod'^ 

Am   In  lia.'^C  and  fininhed  in  l-h?,  and  tlocpGned  in  1900, 

■':.  Ycu   nny  xkw  i'lo^v  of    ..ii"L'wr  ..    :;   :.)■  ...v  .  .t  nattriiiiiy  in- 

ci'naaod  at,  the  tine  it  was  decpenod** 

jv,  Yefi,  sir, 

^,  Buit  "bectMuie  of  inn  wjttor  finuiiy  -^n   *';£.  Y  uunn'.'l'' 

ii.  I  Uiiiu,  Tor  about  two  yoai'a,   it  eritiroly  dinajijieari-^d, 

Rton::ori    rio.'?in'-  out  frori  th«^  t'.mrcl   ita-.uf ,    and   t^o  -.vrllB 

CiJikUcd  uo  r^ixje   ^.M^cr  lij.,,;,;  ;,nau^';ii   uo  fiou  out.  Qi   ;./;:;  "lunriel. 

C,  I  uupnoott  tboBtt  «&ilB  vvoro  ofooursrt  boroij  wells'' 

A,  '11*0"''  woro  borod   v(;ilE  f/cne  fxvi  ^unf'r'jri  fr.tyt  den   from 

tllft  eijr'face. 

0.  Wcro  th«y  csieed''* 

A«  fj  Rod  ^.-Ith   '^nd  1.*^  innV)   f>ir)G  tmd  r.  it.   u"    t^"e  v.atf.r  ctrata, 

V.  i^o  you   ♦r»iii.  .jiyUvX"iif:.  lUouw  i./iut  ic  Ci..iiv^o  v.ts  C-unu 

*-t«!rdfTi  on  t?!at  trac!.  of  Ismd'* 

A.  Onna  UaJ*den  Spr'np^B  wo  unt-d   uo  know  it  t-.e,   v^ifi,  oir, 

Q.  fJud-  »ort  of  i-oTir  wub  tlif^t** 

ji»  Wtsli,  the  cirne-^tiX  tv^is  &omv;  fxve  or  nix  u.crob  that  water 

f).ov^fft  fro"i;    1>  fit   MiO  r».llo(i  *.Vn  Thinfi  f'arr«"fr  (i^rtn  before  I 

Mm.h  '..Uciu,  huCtiiiFO  one  i^ir'.o  bono  CI  irtcPtin  r'-iBoo  v^jf^etableB 

IvjIov  it;  and  it  wot*  always  »«  wator  producer,  up  to   «bcfut 

liiOV   or  IVOO,    tTid   t?*:n  iU  b€fvj;n    t.o    friv«  o'lt;    i^    -d^-^^t 

likve  been  fr.iliar?  nocio  before  u.ui.,   ev«in. 

Q,  Tlwit  beci^io  of  that  tiTact  oi*  Ifjid  »o  far  U8  JLtn  muitture 

id  cor»<?;  r^Mjd** 

:'.  Ihy-i'v  uijspiy  c;ri(;a  up;   i  UunK  it  ^k  nov.  all  in  rultiva- 

ti'jn;   I  know  Lhore  is  no  oi on^gu  Iho/e, 


its) 


9« 


J! 


Q,  Was  that  wut^^r  ueed  on  the  land  a  of  tho  ruc&'-;onfi^a  V^ine- 

yard  nonpniiy,  ttml  the  Ouciinorvra  T.jmd  and  Trririttion  Oorari&ny 

for  siny  purjWB^B  othor  t^^an  irriiP;ation,  at  tJie  lime  ^rour 

firet  tut! qurvJLni. line o  ^sith  it  hufmn  in  VMii')'> 

A.  ^y,  I  prftoiinin  thtit  m.n  h imply  used  for  - 

0.  I  thoufrilst  3'ou  lived  th.f^rn  in  t'ft  neip-hbor^  ood  '"d 

knew  «ibout  it. 

1..  It  waa  Jill  U8ed  for  irri^ration,  «:xoeii)t  w5mt  «&0  uaad  for 

running  Uio  winery,  hdu  poertihiy  domoatic  for  a  few  ])»or)l« 

on  tho  i*«no>i, 

)«  Was  Uuitro  any  us«  m?ide  of  it  for  dofleatic  i>urj[/oeee? 

A.  T«B,  »ir. 

0,  Wero  pttOjde  liviiVT  there'* 

j'„   -^oth  by  the  oriff-inul  p«o  de,  arid  f*lBO  tJie  i-florle  thict 

lived  at  the  brick  bot«l,   and  tiiat  lived  m-f^x  tho  wmoj^; 

whf^xover  i-ooplfe  livftd  un  the  ranchj   that  is  ull;  that  is  all 

that  wup  tinad  for  doK»8tic  jAirposftR;  out  of  the  Vinoy.ird 

{)o%any*B  hiJ.f  i  mBim, 

i\  T>mt  is  #Hit  I  v/ant  to  kno7»,  whoUn^r  'chia  particjilia*  vator 

was  employed  for  doacstic  useo,  aB  vk;11  ;4i  for  iri'if^ation 

on  thoR»  Ijmda* 

A.  vofi,    ar;   it  aupjjliud  do?n«»«tic  unop  for  j>«oul»  livin/r  on 

that  I'anch, 

0,  Aivd  i»er«;  !^ollraan  .incl  }iis  aaeociateB  carrying  on  t>h« 

buiiinoBB  of  fai'im^  on  t}i08«  tract*  of  land? 

A.  yea,   air;  ihey  raiaed  eone  /^ain,  if  that  ia  T«hat  you 

noiin  on  the  hall     that  wort  not  too  wi)t  to  raiae  frain  on, 

that  wan  not  too  rauch  cionofra;   and  ofcourao  th«y  fai-nod  a 

cortain  wmount  of  alfalfa  t^>at  th«y  irrip-ated,   and  th»y  naed 


3() 


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2 
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4 

5 

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9 

10 

11 

12 

13 


*  1;  •- 

-  e  <r    ,   , 

Z  "=  5 

W 

O  <  ui 

-  a. 

-•  o  3 


-.5  15 


16 
17 

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it  on  t^ft  vineyard. 

Q,  Yoiu'  lurw?iiaf';c  convoyc  tho  idea  t«ht<.t  you  do  not  coneiclor 
fruit  ^rowing  famiin^.;,-  that  it  is  linitefi  cni.iroly  to 
ndciTunr  ffT'iJn.  I  rionH  know  'wlioU^er  th-tt  jib  your  7..    .  o:f 
it  tstrictiy. 

(\  I  ^;r.ve  flreariy  t-t.-itoff  that  they  UBcd  it  on  tho  four  hun- 
(Irnd  v;r-rt{i  of  v-nuysird  ..jiu  brvocted  the  vinuytird . 
'^.  T}ittr«  wag  f^on^i  otb'»r  famin"-  was  there  not,  frtiit  troos? 
.  Thoy  };•',(•   L-t)'-i:>  fr>.iir.     tr»j(?LJ,   or  Ji"^  nnd  lo;-j.ir  treaB,   n-.iite 
<'i»)  or!Jn;-7.:  oroi.rjrc  .- re  unc   ira  v.inen:y;    and  alfto  lui    ir-e  or 
tv;o  of  vaj.nivi    ^T'on, 

0,  Did   thuy  in'ip5at2  a'iy  rJ'-in  f.r  ;.rv  norn' 
/U  Th'jy  irrirrated  coiti;   I  noT;*i.  viunic  "Uiuy   u'fft.r  irri.-uted 
f'ruin;   I  ar!  not  pure  'hut  I  don't  think  no, 
n,  ^lucrc.  v/o\!lr   thf?   c-'.m  '^ov;? 

.>,   It  yo'jlr  ^-Tcv.'  ncith  of  the    '\j\  ;'t>j*ncirdinv)  rotiri  uk\   ».'0ot» 
of  Ucllr:ifccn  Avijnuo, 

'1^  pr^^.^^.M,   ^^    *TC  ;'or,  '^ot,  ro>r->r!riod  T^U.h  t^i:-;  f^irr.noTv^a 
Fi-Uit  hand  (,'orr.aT\\   nov'? 

j\.  "hy  I  ftjifion  I  fid;    t'  f:y  are  ahoolutBly  out  of  exister.co, 
tm  fiir   ;.:*    r-..n:n:-   jnv     rnoorty, 

'^a  n<ji  you  ;  roci^c;  *Jki  }  ook  of  >axn;te£i  of  tb«  corporation, 
tht)  Cucj-;;.noTj^^u  "cruit  Lnnd  '^on  iiny,  .srd  Imvo  thw.  >iore  in 
Oonrt** 

j\,  I  ciM  r>;  to  A.K.  v:\intf  >?y*i^  cffco;    I  thirk  AnfVew  iu)BC 
in  Bocratory,  wwi<  elt-cted  lust  Tprin^;,-  h«o  a  ouowir^',  tiie 

first    vir'H-    Ir    ft'i.r    ^nr   '*';rfi   •>  r  ,ir?  .     ;  ir     T    r   ^^    .  .nk   tli^-ii   C ''  V>ir}; 

I  don'tknov  vhy  '^;,Hy  aiioUi.{;r:*t  corje, 

0.  ,\re  you  oonrjoctwd  with  the  Cuciimom'-u  ^nnd  w>d  Irri^ration 


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2 
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4 

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8 

9 

10 

11 

12 

.-  13 

2 1;  •-■ 

<  i  o 

2  •:  g 

M  -I  2  15 

0  <  ui 

-  0. 

«•  U  3 

E"16 

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Jil ^ 

A.  Mot  at  all. 

0.  1^0  has  chauTf^o  of  those? 

i\,  Willie  CiuidB  is  secretary  of  that  coiporution. 

'\  I  wish  yuu  v/ould  8«^  if  you  cm  gi^t  tiiora,  becautje  if 

you  caiuiot  w«  will  navt-   >.u  take  the  depositions  of  wiose 

T)«irlie«. 

A.  I  thixik  I  ctoi  got  the  Fruit  Land  Conji.any'e  books. 

-0- 

TTero  the  Tourt,  takes  a  recoss  Tmtii  Tuesday,  Juniutry 
aist,  VJGb,  al  oluvon  o'clock  A,H, 

-0- 


Defendant. 


IN    TH  E 


Superior^  Court 


OF   THE 


County  of  San  Bernardino 


State  of  California 


CUcaraonga.  Vineyard .  C.Qmpsji.y . .  et . .  al . , 


Plaintiff- 


vs. 


San  Antonio  Watei'  Company, 


Defendant  .. 


Vol.  XI 


Cbusins,    C.  Q. 
Haven     George  D. 
Wri^!t,   E.   T. 


INDEX . 


965  964 
979  962 
987  1025 


I.  BENJAMIN,  Official  Reporter 


Tuesday,  January  21,  1908. 


Eleventh  Day, 


S.  G.   nOiy^TN^ 

S,  G.   OOU-r  F^,  heretofore   sworn  and  exaridned,  being 
re 'tailed  by  Intcrvonors,  testified  as  follows: 

Direct  Exsinination, 

.¥t.  Haskell:   n.     j,(y  unonrsta-ding  is  that  the   evidence 

here —  it  is  an  equity  eaae —  &ni  it  is  to  be  considered 
in  for  .11  parties  for  what  it  is  .vorth.     Mr.  TouspTa,  you 
recollect  being  on  t>B   stand  hero  at  the  foraer   '.rial  of 
th.is  case  in  which  ycu  testified  as  to     surface  elevations 
of  the  ground  at   tlie   Sixteenth  Street  wells,   the  Rubio 
well,  and  other  wells  north  of  the  :7cd  Mill? 

A  Yes,  sir. 

0.  Now  I  will  ask  you  if     you  ran  any  linoa  of  elevations 
frorn  tae  linos  which  jou  here tof ore  testified  to  to  a  point 
whor-c  the  waterfirst  begins  to  rise  in  Hue  anon, -a  S^rin^.'s. 

A.  Yes,   sir. 

0.  Did  you  find  Wfiat  the  elpvation  of  the  water  was  at  the 
fMcamon/^a  Sprin^rs  ^h^re   it  rises? 

A,  Yes,    sir. 

0.  You  Liay  give  us  that  elevation  and  the  date   of  taking 

it. 

A.  On  April  10,  1906,  the  elevation  of  the  scf;paf^  water,  ae 

I  call  it,— 

^,  Of  the  riuc.'ii.cnga  Springs? 

A.  Of  the  Hucaiiion^^  Springs,  on  the  east  side,  or  in  t}» 

C?ucanDn/;a  Treek  as  it  has  be   n  shown  on  the  map  there,  — 

was  153?.  foft  above  sea  level. 

0.  Tn'it  is,   on  t.ho  east  side  of  the  Rod  Hill? 
"  Yes,   sir. 


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0.  And  the  laoat  northerly  ^oint  wnere  you  found  rising 

water'' 

A.  Yea  ,  sir, 

Q.  Tliat  water  in  its  oourse  south,   it  would  f^t  into   ihe 
wattir  ByS'^era  of  the  Cucai:ioni^  v-'atx^r  Company,  wouldn't  it? 

A.  Into  the   Old  Settler's  and  Vineyard  Oompany's  ..ater 
■ybterr!, 

0,  No*-  did  you  run  a  si;  ilar  lino  c£    elevation  ODn"eoting 
with  the  Sixte;enth  Street  wells  or  m  of   those  wells  of  which 
you  have     testified  in  remrd  to  the  elevation  of,  to  well 
no.  14  at  the  herd  of  the  1?ady  tu;  moI? 

A  Yes,   sir. 

0.  Whtt  did  you  find  that  elevation  to  be,  stating  the  point 
of  riB  asurerient? 

A.   At  well  no.   14  on  Ai^ril  10,   1906,   I  found  thf'.  elevation 
of  water  to  be  1295.94  feet. 

Q.  That  is,   thewaterin   ttie  bottom  of  th«well? 

A.    In  the  hot*, an  of  the   shaft  as  it  caiies  from  the  well, 

Q.   Do  you  know  whether  tl-iat  is  at  the   level  of   the  tui  el 
or  not  at  tiiat  date? 

A.  Triat  is  practic  lly   tho   tunnel   level. 

0.  How  much  lower  would  the     attr  at   ttiut  point  be  than  the 
rising  wat  er  in  the  Huca-nom^a  Sprin/rs? 

\,   It  would  bo  ,58.06  fct  lover. 

dross  Examination. 

Mr.  Chapr-an:   0.    What  time  did  you  rso/  you  took  that  ele- 
vation at  nucamon^^ti  Sprin/-;8? 

A  That  was  on  A];ril  10,   1906. 

^.  Now  doesn't   'iie  water  appear  on  the  eurfaoe  of  (^icai^ionra. 
Sprin^',8  at  dif  'erert  points  in  dif   eront  years  and   in 


differo  t  Bcaaons  of  thfi  aame  year? 
*.   I  pre8U/;«   it  does  8ori;ewhat, 

Q,  Did  you  take  the  elevations  of  Hucanonf'a  Sj.ringB  at  the 
point  they  first  appear  at  ai\y  other  tine  in  1906?  Later  in 
the  season  tli&n  April  4? 

A.  No,  sir;  I  ran  the  levels,  of  course,  on  April  10,  hut 
that  wab  uiy  date  of  observation  of  all  the  wells,  and  that 
too.  But  it  was  on  a  lat  r  date  when  I  ran  the   lerel 

0.  W>iat  date  vcuz  it  that  you  ran  the   level? 

A  I  don't  rc.iember;    it  wat,  in  July  soi.io  time, 

0.  Winat  was  the  object  of  ruiini^  levels  in  July? 

A.  Because  I  cculdn't  do  it  all  on  the   same  clay. 

Q.  You  could  do  it  in  less  than  four  months,  couldn't  you, 
or  three  months? 

A,   I  prosujie  I  could,    if  I  [rpt  at  it. 

The  Court:   o.  Was  it  in  1906  or  '7  that  you  ran  these 
levels? 

A.  1906. 

Mr.  Chaprran:    And  at  that  time,   on  April  10,   the  elevation 
at   Vrie  point  where  the  OuGarr.onga  Si.rin/':8  aj^ eared  was  1332. 
feet?    \ 

*.  Yea,   Bir. 

0.  What  was  the   cliaracter  of  the   season  of  1905-6  for  rain- 
fall? 

A.   I  think  there  was  considerable  rain  if   I  remerdaer 
ri^ht. 

Q.  Did  you  take  the   levol  at   'he  point  whero  the   .ators  first 
appeared  on  thoa\irfa:;e  of  the  ^?;round  at  '\ioamonra  Spring* 
at  any  ot'  er  time  during  that  year?     A.  No,  sir. 


0.  Did  you  in  1905? 

A  No,   air. 

Q  .  In  1^07? 

A  Yes,  bir. 

Q.  W}iat  time? 

A.   Ori  Eay  10,   1907. 

Q.  T  at  was  another  Beaton  of  considerable  rainfall,   lasn't 

it?—  1906-' 7? 

A^    I  think  it  vas;   yos,   sir. 

0.  What  was  the  elt;vation  on  May  10,   1907? 

K.  1358.9  fpot. 

0,    At  the  tiae  yon  ti  ok  the   levol  of  the  Fonrte^jnth  Street 
well  aid   I  understand  you  to  Bay  that  that  elevation  was 
thu  level  of  the  water  in  the  well? 

A.  Well  No.   14? 

0.  Yes,  Bir.  On  April  10,  1908,  Wasn't  it? 
'V.  Yea,   air. 

lilr,  Britt:  Did  you  iiiean  the  Fourteenth  Street  well? 

0.  No;   ^cll  No.   l4.   If   I   said  Fourteenth  Street  I  didn't 
me:m  it.   It  is  ttewoll  at   the  head  of  tho  Fady  tunnel. 

A.  Yeci,   [iir. 

Q.    And  lKl   elevation  waa  1293.94  at  tnr't   tirae? 

A.  Yes,   Bir, 

Q.  Well,   that  elevation  was  to   thf;  surfm^e  of  thR  water   in 
the  well? 

A.  Yea,   sir;  as  it  iesued  from  the  well.   It  is   the  surface 
of  the  water  in  thf?  shaft. 

n.  As  it  issued  from  the  well? 

A.  Yes,   sir. 


0.  And  that  was  how  far  from  thoaurf aoe  of  the  pround? 

curbing 
A.   It  was  113  feet  below  the  top  cf    the  xsxlbuES  of   the   shaft. 

0.   rdd  you  take  the  sarrte   level  of  that  well  at  any  other 
time  that  season  of  1906,  or  the  elevation  of  it? 

A.  I  observed  it  on  December  25rd ,   1906,  thqt  it  was  just 
in  the  scm*  condition, 

0.   And  the  elevation  the  Barae? 

A.  The  elevation  ''rom  the  top  of  the  curbing  would  be  the 
aame ,  and  the  olevation  of  the  v7-,ter  v/ould  be  the  S'^ub, 

n.  Had  you  ever  taJcen  the  elmration  of  the  Trator  in  ths 
•haft  or  Will  before  thqfc  tir©? 

^,  No,  sir. 

0,  Can  you  define  or  describe  to  us  aocurt^tely  at  what  point 
on  the  laid  it  was  thst  you  took  the  level  or  elevation  in 
Cucanion^';a  Sprinf^s  on  Atril  10,  1906? 

A.  No,   sir;    I  can't   rleacribe   that  accurately, 

0.   Could  vou  point  out  the  exact  spot  on  this  map  where 
the  nucamonga  Springs  ap>ear  on  tb'  surface  of  the  land 
at  that  time? 

A,  No,   sir, 

0,  How  long  hiNe  you  known  the  Oucai-ion^a  Spriri^-'-jS? 

A,  About  six  years  now, 

0.  Ha.ve  you  ev^^■r  been  there  at  the  tiite  the  waters  if    those 
spring  first  apparcri  on  the  surface  of  the  f^"Ound  furtlier 
■outh  from  the  point  irtierr  you  took  th    elevation? 

A,   I  don't  inderstaJxJ  your  question, 

0.   Well,  you  know  v/hat  the  direction  of  the  flow  of  Oucamonga 

Creek  is?  A.   Yes,   sir. 

Q.  'Vhat  is  it?  A  In  that  vicinity  it  is  in  a  general  kmj   south-: 
aaster ly  direction. | 


6i 

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0,   At  the  time  you  took  this  elevation  ycu  say  you  took 
it  at  the  y/oint  v'aero  the   spring  did  t   en  first  a}/f8ar  on  the 
fturface  of  the  ground? 

A.  Yes,   8ir, 

0,   ^re  you  ever  at  t-  at  place  at  a  timo  when  the  watera 
of  Hiicamonga  Creek  first  rose  on  the   surface  further    outh 
th/m  iitiQ  point  at  which  you  took  this  elevation? 

A .  I  don • t  re  tmber . 

0,  Do  you  knew  about  wiat  the  grade  of  the  cou'  try  at  this 
place  where  the  Bikings  rose  on  the  10th  of   A  ril,  1906,   is? 

A.  No,  sir;   I  have  no  firjires  on  t^at, 

^.  %en  you  took  these  elevations  didn't  you  discover  about 
wb-at   the  inclination  of  the  land  was  and  about  what  the 
grade  per  mile   is? 

A.  No,  sir;    I  haci  no  occasion  for  t'  at.  Roughly  sneaking, 
I  should  say  it  was   soujewh  res  about  five  or  six  feot  to 
a  hundred  feet.  But  that  is  rouf^ily  s> caking. 

Q.  The  Sixteenth  Street  wells,  did  you  take  the   elevations 
of  them? 

A,  Yes,   sir. 

0.    About  wl-at  was  the   elevation? 

A,   I  presuinc  that  is  Wells  nos.   1,  2,   6,  4  and  5? 

0.  Yes,   sir. 

Mr.  Britt:  Vo  object  to   t'at  in  cross  exanination.   It 
may  be  proper  evidence.   I  don't  know  'vhat  T.he     infonation 
of   the   /.itness  is  on  the  sul  jtx;t. 

}fT,  Haskell:   The  witness  'nas  alroaxiy  testified  as  to  the 
elevation  of   those  wells  on  his  former  examiration. 

The  '^ourt:  The  objection  is  overruled. 


3 
4 
5 
6 
7 
8 
9 

10 

11 

12 

^-  13 

•I 

20=  14 


z  ■  £ 

r.     o  1  - 


M  -;  £  Id 

n  <  ui 
i  16 

o 

17 
18 
19 
20 
21 
1  22 
j3 
24 
25 
25 
27 
28 
29 


Q.  You  say  you  did  take  the  elevation? 

A.  Yo3,  ,sir. 

0. 

Q.  When? 

A.   I  ran  I'v.  levels  of  those  wells  in  July. 

0.  W  ;at  year?   A,   1906. 

0.   ¥nat  was  the  elevation  of  those  wells  at  the  tiiue  you 
made  the  obscrtation? 

A,  On  May  10,  1907--  I  will  hanre   to  correct  ray  l-jst  answer. 

0.  ^fell,  correct  it. 

A.   On  th-e  Ruhio  well,  one   of   the  Sixteenth  Street  wells, 
I  took   the  l&vol  of  that  in  July,   1906. 

^.  The  depth  of  the  well? 

A.  I  took  the  elevation  of   it.  But   ',he  balance  of  the  Six- 
teenth Street  v/ells  I  took  the    levels  and  the  elevation  of 
the  curbing  on  ilay  11,  1907, 

0.    kid  Wi^^t  ¥/as  the   elevation? 

A.  The  elevation  of  well  no.  1  at  the  top  of  the  curbing 
was  1492.43  feet. 

0.  Ho'ii  was  it  With  the  Ruhio  woll? 

A.  The  elevation  of  the  Rubio  well  at  the  top  of  the  curb- 
ing was  1460.61  feet. 

Q.    'Shich  is  the  most  easterly  of  the  Sixteenth  Stretjt  wells? 

A,  The  Rubio  well,  unless  you  consider  the  Haskell  well  a 
Sixteenth  Streot  'well, 
Q .  W>iat  did  you   say   the  elevation  was? 

A.  1460.61. 

n.   Was  that  the  surface  of     ho  ground? 

A.  No,  sir;    the  top  of   '>hr  curbing.  Tho  top  of  thf^  shaft 
curbing. 


I" 


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III 

■*  -"  5 

9  <  ui 

-  0. 

J  O  3 


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22 

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Q.  iM  that     on  tho  level  of     he  fround  or  aJrove   it  or  below 
it? 

K.  Some  instances  it,  is  nearly  the  sane  and  sor.ie  it  isn't, 

0,  lell,   in  tho  Ruhio  well,  is  that  true,  th-.t  in  some 
instances     it  is  ard  in  sohk!   instances  it  is  not,  or     oea 
it  reijain    at  ono  fixed  placed 

A.  At  thf  Rubio  w«ll  tho  top  of  the  curbing  is  at  the  level 
of  the  ground  as  it  wasj  made  there, 

0.   Is  t  lat  above  or  below  the  /rencral  level  of  tbs  ^f^round? 

A,  I  think  that  is  bolow. 

0.   About  how  far  below? 

A.   I  couldn't  say,  because  it  is  in  tne  back  of  ihe  hill— 
a  nctch  out  in  the  back  of  the  hill, 

0,  Could  you  approximate  and  tell  us  whether  it  is  one 
foot  or  sixty? 

A.  I  should   say  possibly  it  is  ten  fo<;t  below  tho  brow  of 
the  hill  or  bonch  just  beyond  it, 

0.  To  the   top  of  tho  curb? 

A.  Y(^8,   sir. 

0.  Have  rou  taken  thr.  elevations  of  any  of  those  points 
Bi>ce  the  adjournment  of  1.h'.    court  last  8U^Tller —  on  May  24— 
or  the  adjoumnent  of  this  trial? 

A .  I  don't  think  I  aid. 

Ifir,  Britt:  0,  The  Haskell  m\\  is  further  east  than 
the  Ruhio  woll,   isn't  it? 

A,  Yes,  sir. 

Q.  fhen  you  si  eak  of  the  elevations  of  the  wolls  you  in 
«  ach  instance  mean  the  elevation  of  the  airbing—  that  is, 
tho  Sixteenth  Street  wells? 


1 

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4 

5 
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10 
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i   13 

<  2  o 

z  >«: 

«  .  i  15 

03  <  u 

i"  16 
17 
IS 
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A,    Yes,   air;   the  elevation  of  the  top  of  the  curbing. 
That  is  how  I  hcore   sijscified.  it. 

The   ''ourt:   0.   F-^at  do  you  take  as  the  hasis  of  the  eleva- 
tions? 

A.  Up  in  the  upper  ri/:hthand  comer  of  that  map  there  is  a 

station  on  Base  tine  marked  there  as  "Gas  pipe",    and  from 

one  of  f  r.  Wri^ii.t»s  ueLpa  I  took  that   as   so  ir&ry  feet  above 

sea  level,  Tliat  is  assumed  as  boinc  correct  as  a  bench  mark, 
Ml^  RRITT: 
Q.  Did  you  ascertain  tho  distances  between  the  various 

appearances  of  water  in  the  Creek  or  wmt  has  been  called 

the  Cucaiflonga  S}.rini^s  he'e,  and  well  No.  14? 

A,  The  distance  between  them? 

0.  Yes,   sir. 

A,  No,  sir. 

The  Hourt:  0.  Can  you  give  it  approximately? 

k.  About  a  half  a  mile  I  should   say, 

Mr.  Ghiaptan:  0,  Did  you  take  the  <  levation  of  the  Haakoll 
well? 

A .  One  of  the  ra, 

n.  How  mary  of  them  are  there, —  of  the  tlaskell  vrells? 

K,  Two  that  I  know  of. 

Q.   How  far  apart  are  they?   A.  Probably  about  200  feet, 

^,   And  you   aay  you   took  the  elevation  of  one*.  Which  was  it? 

A,  The  soutboriimost  one. 

0.    And  v/'mtwas  tho  elevation? 

A.  The  elevation  at  the  top  of  tht    curbing  was  1461.86  feet. 

0.  Was  tho  top  cf    the  curbing  thfjre     above  or  below  the 
surface  of  the  »«jround? 

A.   I  think  it  is  just  about  tht    surface  of  the  ground. 


0«  Wlien  was  t'-at  elevation  taken? 

A.  I  ran  thoao  levols  about    -he  sanie  tiiiie  that  I  did  the 
re  at,   in  July,  1906. 

Mr.  Haskell:  We  of  Ter  in  evidence  a  doed  of  the  Pucaraonga 
Company,  a  corporation,  with  its  principal  place  of  husiiiess 
in  tl^  oity  and  county  of  San  Francisco ,  to  E.  T.  li-irht, 
J.  C.  Lynch  and  .'*..  L.  Wicks,  dated  the  5th  day  cf  Jamary, 
13(36,  recorded   in  the  office  of  the  bounty  Recorder  of  San 

9    Bernardino  cou   ty  on  the   18th  day  of  January,  ll^'-<6,  at  two 

Lo    P.  M.,  in  Book  44  of  BeedL,  at  paf^  169. 

Li      The  Hourt:  Wimt  does  it  purport  to  convey? 

[2      Mr     Haskell:  That  purports  to  convey  to  the  grantee  land 
water  water  ri^'iita  ditches  flumes  ad  all  other  property 
in  the  nucruaon^Ta  Radio  and   in  and  to  all  the  jaroperty  of 
every  kind  of  party  of  the  first  part  in  the   counties  of  Loa 
An^^eles  and   San  t^ernardino,   State  of  'California,   including 
the  property  now  held  in   trust  for   tho  stockholders  of  this 

i,s    company  by  John  Lynch,  John  Archibald  and  P.  Marsicano  and 

19    M,  Turner,   said  property  being  now  assigr^ed  and  tra'  aferred 

?o    by  th(;  corporation  of  this  conj)any  of   the  at  ockholders 

21  holding  a  riajcrity  of  the   stock  of  the' cof..pany  under  and  by 

22  Tirtue  of  an  a;?7*oement  enter  (id   into  by  all  the  stockholders 
of  stock   individually  for  the   control  sale   conveyance  of 

24  aaid   interests  by  a  niajority   in  interest  in  said  properties, 

25  and  said  stock,   prov  dcd  however  the  west  6,200  acres  more 

26  or  less  of   said  land  are  contracted  to  be  sold  t-o  Oeorpp 
and  William  (Ihaffey  by  parties  of  the  first  part  and  said 

28  part  of  saici  lend  is  hereby  sold  and   conveyed  subject  to 

29  said  contract  on  which  a  bal  -nco  of  $35,400  is  still  due  and 


unpaid,  which  contract  with  all  noneya  due  a-d  to  /^jrow  due 
thereuridfiir  and  all  rif';hta  therounoor  are  hereby  sold  ad 
transferred  to  aaid  partie^^  of  the  second  part,  natiely,  to 
said  i'.  T.  Wr  ^^t,  J.   C.  Lynch  ana  '',  L.  Wickfi  Provided  how- 
ever tho  amounts  due  to  this  ccrapany  on  co'itracts  for  the 
•ale  of  lain  a  and  wate     by  the  settlers  or  others  for  lands 
east  of  the  vineyard     known  as  the  f\icajiion/^a  Vineyard  and 
all  the  aioDunta  heretofore  collected  ana  all  cash  on  hand  from 
whatever   aourco  deri  ved  are  hereby  excoptod  from  this  sale 
and  reserved  to  the   stookholdera  and  ihe  party  of  the  first 
part. 

Tlie  Oourt:  Thit  was  from  the  Oucaiaons:^  Company? 

Mr,  Haskell:  Yea;   from  the  Hucariionf^a  Oompany  to  Wrir:ht, 
Lyndh  and  Wicks. 

The  ^ourt:  Do  you  und^'rstand     hat  that  purports  to  be  all 
tho  proierty  re.  aining  in  the  nucamonra  Hompary  at  that  time? 

Mr.  Haskell:   At  that  tiiof). 

Here  the  Hourt  takes  a  receaa  until  two  o'clock, 
AFTFJRNOON  SESf^IOM:- 

Mr.  Haskell.  Before  the  noon  receas  we  offered  in  evidence 
a  deod  from  the  Oucanaon'^  doinpany  a  corporation  to  f ,  T,  Wrir^t, 
J,  n.  Lynch  and  V.  I,  \'fick8.  Will  yen  consider  th/at  aa  read?      ; 

Bie  OoTirt:   If   I  rojuenJor  rifht,   at  the    former  se   aion  it 
was  stipulriteri  tliat  all  these  e  hi!  its  mif^it  be  doura^d  read, 
arid  ainply  to  read  bug h  portions  we    mi^it  desir.  . 

Mr.  Britt:  There   ia  another  matter  tKat  ou^it  to  be  mention- 
ed and  understood  explicitly,  and  th^t  is  relative  to  the 
teatiraony  introduced  on  behalf   of   Inttrvenors  and  on  behalf        { 

of  plaintiff  a  respectively.  We  are  making  virtually  a  cotoion 

i 


oauae  hure,  and  our  understanding  ie  or,  at  leaBt,  we  desire 
to  iiave   it  una er stood  that  the  toatiiaony  introduced  on  bo- 
half  of  Intervenor  snail  be  decn»d  as  introduced  on  behalf  of 
plaintiffs  unle:  s  ii  is  utherwisc  expressed,  «nd   thit  the 
tostiiaony  introduceo  on  behalf  of  plaintiffs  is  to  be  deesifid 
Introriuc'id  on  behalf  of  Intervcnora  unless  other  xse  sifjii- 
fied. 

T'le  ^ourt:   In  other  words,  the  ovidence  is  dfjomed  to  be 
applicable  to  all  tho  iscues  iinlees  othenrise  specified. 

Ur    Britt;  Ygb,  air, 

Ur,  Haskell:  We  agree  to  tiiat. 

Kr.  nhitp:^a.n:   I  don't  understand  how  any  part  of  it  can  be 
considerod  in  a'  d  not  in. 

Mr.  Britt:   An  occaiiion  mi^ht  arise  whore  the  intervener 
it  raaking  corimon  cciuse  a/uinst  bo^h  plaintiff  ar'd  dt-f eroant, 
in  which  the  partios  would  be     ory  much  euibar-raaeed  to  know 
that  tlie  testimony     cocaing  in  for  the  intervener  or  an  ad- 
versary is  to  bo  rervarded  as  his     or  its  testimony.  But 
that  ie  purely  an  acadMaic  quRation. 

Mr.  Chaprian:  If  the  intervener 'a  tostinony  is  not  part  of  the 
case  a/jainat  dcf«ncant  thf;  intervenor  ouftht  not  to  intro- 
duce it.  Suj  ]  oge  on  the  concluaion  of  the  ovidefioe  here  on 
behalf  of  plaintiff  and  the  intervenor  we  should  desire  to 
takn  some  action  with  reference  to  disposinr  of  this  case 
th«rf5.  It  would  harc^ly  bo  expected  t^r,!.  ym  could  fro  throuf^h 
thoae  voluI.^es  of  teatir.ony     to  see  when  counsel  say  "that 

is  not  my  evidence*  and  when  thfy  say  "that  is  my  evidence." 

on 
If  the  cviden-^r   la   in  hen    acxct  tho  case     made  a-Tainat  ihn 

defendant  we   iruaf^iue  t  tut   it  ia   in  here   for  all    .!i.    ]:ia\oat.a 


that  it  can  affect. 

The  ""ourt:   I  believe  the    8tii;ulation  ia  broad  enou^  to 
obviate  th&t  difficulty. 

Mr.  Britt:  There  are  one  or  two   instances  where  we  haare 
expressed  a  dissent  to  some  part  of  the  evidenc     introduced 
by  intervenora,  and  not  more  than  two     occaaiona.  W  • 
have   specified  that,  aone  par-ticwlar  mati.era  of   evidence   in- 
troduced by  intervener  referred  to  thCff.Belves  and  t'  at  wo 
did  not  care  to  admit  eatablisnod  or  to     have  considered  aa 
established  on  the  part  of  plaintiffs.  But  it  was  of  not 
much  consequence  when  it  csine  in  and   there   is  very  litLlts 
of  it. 

}lr.  Gre,^' •::   And  I  suposie  farther  Chat  this  evidence  that  is 
in  is  dowDod  in  only  ao  far  aa  it  is  relevant,  to  the  isauea 
made  by  the  respective  partiea. 

The  '^our  t:  When  it  canes  to  the  defendant  putting  in 
its  case  they  raii5ht  introduce  eviaence  material   aic  relevant 
to  plaintiffs'   fjaae  and  not  to  Intervenora', 

Mr.  Greg^i;:  The  issues  are  somewhat  dif ferejit  and  the  evi- 
dence would  only  be  considered  aa  far  aa  it  is  relevant  to 
the  isiiues  made  by  the  respective  parties. 

Mr.  Ohapiiian:   Tliat  would  follow  as  a  matter  of  course.  We 
can  understand  how  sonie  evidence   introduced  by  plaintiff  or 
intervenor  mi.-ht  not     hawe  any  effect  on  the  other  because 
tho  other  mirht  not  be  r  lated   to  that  fact.  Bu^   in  so  far 
as  the  evidence  upon  tho  diaracter  of  this  country  ia  con- 
cerned, and  the  boring  of  these  wells  ard    tho  sinking 
of  tho  tunnels  and  the  drying  up  of  Oucawonga  Springs,   I 
supposed  they  were  all  coming  in  as  part  of  tho  record  on 
behalf  of  both  of  tliem. 


Ht,  Gregg 

:     But  there   ie  no  issue  aa  to  the  tunnel  "by  one 

of  tlienu 

The  Hovirt:  Technically  speaking,  the  proper  raethod  would  be 
for  plaintiff  to  put  in  his  oaee  and  thun  the  intervener  his 
case.  But  T  au  :pose  as  a  rna^-ter  of  cor.vonionce  they  are  put- 
ting it  in  in  this  iranner.   It  seoms  to  rne  under    tho   sbateuxnti 
oukdo  by  counsel  there   cannot  be  any  ombarraasment  about  it. 

Mr.  Haskeli:  We  aeaire  to  offeer  in  evidence  a  deed  to  the 
east  half  of  the  east  half  of  I'l.    northeast  quarter  of  sec- 
tion 11,  toTunship  1  south,   range   7  west,   S,  B.  M.,   contain- 
in^5  40  acres,  tOj^,GthfT  with  four  inches  of  water  flowing 
from  Uie  '^;  caiiion^  Springs,  under  a  four-inch  pressure,  to 
be  delivered  in  iron  pipes  at   tho  northeast  corner  of  said 
section  11.  The  deed  is  from  !'^,  L.  Wicks,  U,  ^,  Hod^ina,  E, 
T.  Wri^t  anc  J.  C.  Lync     to  George  D.  Havens.  Wr  offer  it 
as  recorded  in  the  office  of  the   county   recorder  of  San  Ber- 
nardino comity,  in  Book  44  of  Dcod&,  page  166.  The  deed  is 
dated  January  22,  1  86,  and  recordud  on  January  25,  1866, 
at  10^30  A,  U.       Now,  Mr,  Ghapraan,  this  de.^d  covers  four 
ind:if;8  oi  a  water  rirdht  .  As  to  whether  or  not  that  40  acres 
of  land  described   in  this  deed  is  part  of  the  Rancho  nucaaonga 
I  don't  know. 

Mr.  dhitpriian:  You  have  given  tho  dusci  iption,  hairen't  you? 
Tho  east  half  of  section  11? 

Mr«  Haskell:  Tho  east  half  of  t.he  eaat  iialf— 

The  Hourt:   T  don't  renjenber  anv thing  tliat  you  have  offered 
80  far  deraigning  title  frorxi  M.     .  Hod^ins. 

Mr.  Haake  :li:  Tho  deed   I  offered  before  dinner  was  showing 


2i:  ^* 

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that  the  title  was  in  Wicki,  fri  iit  and  Lynch.     Hod,«.:kin8  is 
simply  a  su^orfluouo  party  joini-  g  in  Lh<:  dotd, 

Ife  havu  set  out  in  our  conplaint  that  wo  are  Uie  or-neri 
of  tho  east  half  of   "iit  eant  half  of  the  northeast  quarter 
of  oecticn  11,  township  1  80'5t.>i,  ranf!;a  7  iwat,   '^,  P.  v. 

Mr,  Ohap  fin:    tad  your  allef^tion  ir>  thn  cast  half  of  the 
northaafit  quan.or? 

Mr,  HaBkell.  ^r.  Haven  owna  threo  or  four  hundred  acrea.. 
but  we  hfiBra  only  aliegtd  that  he  owns  BO. 

Ur*  Chapran:  That  is,   the  east  half  of  thu  eav>t  liulf  of  i-he 
north fiaat  quarter? 

iir,  MaBkell:  YtiB;  will  you  stipulate  tht.t  he  is  the  owner 
without   iOing  i  to   the  title?  The  40  in  i^hifi  uc  u  is  Uie  40 
which  WD  ■doacribe  in  the  coi?iplaint, 

i.ir,  Ohfi,p:.a.n:  How  do  you  doacribo  t  at  in  Uie  deed  a  lain?  The 
east  half  of  wnat? 

Mr.  Haskell:   In  the  deed   itself? 

Hr.  Ohaproan:  Yos. 

Mr.  HtLskell:  Thf.  east  half  of   the  ear.t  half  of  north- 

eaot  quarter, 

Mr.  Chup'&n:  That  v7ouldn't  bo  BO  acres. 

Mr.  Haskell;  No;   it  v/oi.ld  bo  40,  As  a  matter  of  *'act  he 
owns  threo  or  four  hundred  acr^  a  there,  or  more.  Tfc 
introduf*  the  dtsed  to  show  from  whence  we  fqot  water.  Wo 
got  a  part  of  this  land  from  a  dif forcnt  source. 

}fT,  Jolifff};  Have  you    -ot  aiy  water  with   the  other  de«ds? 

Mr,  Haskell;  Not  with  this  :0  that  w«  ars  putting  in  o vi- 
de nee  • 

Mr.  Oiap  ..n;  Doc  a  the  abstract  sho?.  the  t^itio  ? 


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'  f 


Mr.  Haskell:   I  think  it  doea. 

Mr.  nhap  an:   J^ij.pose  you  let  U8  haare  it  and  we  will   we. 
W,  Haskell:   If  ycu  are  //oing  to  look  that  over,  I  had  better 
reserve  the  rest  of  it. 

Mr.  Haskell:  ¥e  now  offer  in  evid-mc^  a  detd  imrporting 
to  convey  the  east  one-half  of  the  southeast  quarter  of  the 
southwest  quarter  of  section  2,  in  to'*nship  1  south,  range 
7  west,  S  n  Bernardino  Base  and  ''eridian,  toother  vith  such 
a  proportion  of  the  water  belonging  to  the  grantor-  arising 
from  the   sprinf;^8    on  Uie  '^ucairDn{;a  Rancho  as  the  lend  here- 
by conveyed  bears  to  all  the  land  now  or  forr-trly  belonging 
to   said  grantor  which  can  "be  reasonable  be  irrigated  for  semi  - 
tropical  cultnfe  from  said  "•ater.  The  deed  which  we  offer  is  a 
grant  from  tiie  Oucamonga  Hoinpany,   a  corporation,  to  *^.  ?j?u8- 
selman,  dated  th?:  20th  day  of  Novemher,  lfJt^2,  and  recorded  in 
the  office  of  the  County  T^ccorder  on  the   12th  day  of  Decem- 
ber, 1  TxS,   in  Book  31  of  Pceds,  pa^  461. 

Mr.  Haskell:   Also,  a  deed  purporting  to  convey  the   same 
proj^rty   ,  execut -d  by  ^,  Xfusael  an,  grantor,  to  P.   .\. 
Holxheier,  dated  th^;  12th  day  of  Do  ember,  lb'}2,  and  record- 
ed the   12th  day  of  Decji.ber,  llshZ,   in  the  office  of  the 
founty  Reccrdor  of  San  Bernardino  riounty,   in  i3ook  31  of  Deeds, 
pa{^  463, 


Mr.  Haskell:   Also,  a  deed  purporting  to  convey  the  ei 
property,  executed  by  the  following  PTantors:  ?.    *,  Holzheier, 
S.  Musneli.'ian  and  Vrs.  K.  KusseLian,  wifo  of  said   ^,  Mus- 


ael;  an,  to  Goor^  T).  Haven,  grantee,  dated  the  7th  day  of 
January,   lb<36,  recorded   in  the  office  of  *he  bounty  Record  r 
of  San  pertiardino  County,  the  12th  day  of  January,  1     o,     n 
Book  45  of  Deeds,  at  page  6. 

-o- 
QEGRaS    D.  HAVEN, 
GEORGK  D.  HAVEN,  a  witnees  produced  by  Int  Fvenors, 
being  first  duly   sworn,  testified  as  follows*. 

Direct  Ex^anination, 

Mr.  Hnakell:    '" ,  You  are  George  p.  Haven,  one  of  I  he   int<-r- 
venors  in  this  caso,  are  you  not? 

^.  Yes,   air. 

0,  You  heard  me  just  of 'or  in  evidence   a  grant  deed  to  you, 
executed  by  Mussel. -an  am  others,  did  you  not*? 

A.  Yes,   sir. 

0.  How  (iiany  acres  are  there   in  that  piece  of  property? 

A.  20  acres. 

0.  How  long  has  that  grant  been  under  cultivation? 

A,  I  can't  st-y.   It  was  under  cultivation     w-ien  I  bourht  it. 

^,  Howmary  years  ago?  A.  That  was,  as  near  as  I   can  raa»m- 
bar,  in  lu86  when  I  bou^i^t  it. 

0.    And  it  haa  bef-n  under  cultivation  ever  sin-'e? 

A.  Yes,   sir. 

0.  Plantf\d  to  v/at  kind  of  trees  and  vines? 

A.   Well,   it  har!   sa.ie  oran^^e  trees  and  small  fruit  tret^a, 
and  mostly  grapes. 

0.  Have  you  made    any  use  of  the  water? 

A,  We  used  it  for  irrigation  rirJ^t  along  up  to   the  time 
thfit  they  shut  it  off. 


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0.  Row  long  af^o  was  it  eh  t  off  from  you? 

A,   I  think  it  was  in  July,   '85. 

0,  You  don»t  mean  '65? 

K   I  mean  '95. 

0.  Ten  years  a^o? 

A.   '86  was  when  I  boufr^it  it —  About  five  years  agt,   I  mean. 

Q.   Is  that  a  character  of  ground  that  reeds  water  for   ir Ti- 
tration? 

A.  Yo3,   air. 

Q.    And  is  benefitted  by  it? 

A.  Yea,    sir. 

Q.  When  t'cixt  water  was  being  delivorud  to  you  in  regular 
turn  how  was  it  deliverod? 

A..  When  I  bou/.^t  the  ground   it  was  delivered  in  an  open 
ditch.   Af   er-vards,  when  the  company  came  in  there  and  piped 
the  land,   it  was  delivered  to  thfc  hif^ieat  point  of  t'u;  land. 

0.  How  often  did  you    -et  the  v/ater  for  irrif^at ion** 
A.  Twice  a  month, 

0.   In  how  larf^  a  head? 

A.  We  (^ot  two   inches  of  water —  tlnat  is,   w)  it)t  'he  equi- 
valent of  two  inches  of  v^ater  for  o  yry  day  for  sii  months— 
I  moan    every  30  dayaj     and  thnn  we  divided  that  a^d  not  two 
heads  a  month.  Every  fifteen  days  we  f,ot  a  head  of  v;ater, 

0,  Ho.  largo  a  head? 

A.  Well,   it  ms  30  inches,  or  supposed  to  be. 

0,  Measured  under  a  four-inch  pressure? 

A,  They  noxr  measured  it,  Tnery    turned  out     <  at  was  supposed 
to  be  that  muc  h  water . 

0.  30  inches  continuous  run  'or  24  hoir  s  twice  a  month? 

A.  Yes,   air« 


0.   And  that  continuod  up  to  five  years  ago? 

A.   That  oontinued  up  to  about  five  years  a^   . 

0.    kid  Bi'ico  t'^nn? 

A.  We  haaren't  had  any  water  there, 

0.  Now  this  other  water  ri^ht   that  you  spoke   of  that  ie  men" 
tionod  in  the  deed  which     I  read,  comos  from  vi^iat  source? 

A.  Tn at  cameo  from  the  pipe. 

^.  From  the  Hucamonga.  Springs? 

A.  Yes,   sir. 

0.    And   (lid  the  water  from  the  Kusselnian  place  corne  from  the 
Cucamonga  Springs  also? 

A.  Yes,   air. 

Q.  How  long  haare  you  been  *he  owor  and  user  of  this  four 
indies  of  water? 

A.    I  think  it  was  in  '86  that  I  bou^t   it  from  the  company. 
It  was  the  first  water  r  if -Jit  they  sold, 

0.    Aid  you  have  be'  n  using  that  ever  since? 

A.  Yes,   eir. 

Q.   What  uses  hare  you  made  of  that  "ater? 

A.  Well,   I  used  it  for  irrigating  around  the  different 
places  on  thf;  ranch  and  for  domestio  purposes. 

Q.  Have  you  a  winery  on  your   place?    '.  Yes,  sir. 

C.  Wliat  use  have  you  made  of   it  thtre? 

A.    I  bou,  ht   it  principally  for  use   in  the  winery  and  for 
doiaostic  purposes. 

0.   How  is  it  delivered  to  ^ou? 

A.  Dt^iivored  at  the  corner  of  the  40  acres  that  I  bouiit 
with  the  water,  Tliat  is,   on  tho  nortlieast  comer  of  section 
11. 


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Q  .  In  a  continuous  flow? 

A.  Ye 8,   f>.r;   ni'ht  and  day, 

Q.  And  you  tave  had  the  use  of  the  wator  continuously  for 

these  purposes? 

A.  Yes,   cir. 

Q.  Has  there  beon  any  shorta^B  in  this  water? 

A.   '*)11,  since  about  a  year  ago  they  put  in  a  meter  and  they 
reduced  the  pipe  iown  from  two  inches  to  one  inch,    md  sirc  e 
they  put  the  meter  in  I  can't  ^t  the  amount  of    ..ater  tint 
I  an  entitled  to. 

Cross  Exarainabion, 

Mr,  Cliap  an:   0.     What  corapary  was  it  t  at  laid  the  pipes 
to  this  20  aero   tract  t'.at  you  speak  of  from  whi..h  you  gat 
the  water  for  the  20  acrcM  tract? 

A.  This  coaipa- y  that  bouj.;ht  out    J^ie  San  ^raiic  soo  Company-- 
that  is,  Wri^t      Co. 

0.  Was  it  a  corporation? 

K   I  dont  know    -hether  they  were   incorproated  #ien  they 
laid  that  pipe  or  not.  I  supposed  thoy  were, 

Q.  To  whom  do  you  refer  as  the  corapany? 

A.  This  compary  that  you  mentioned  the  naoes  of  tliem, 
I  can't   odl  them, 

Q.  Lynch  and  Wrif',ht  and — 

A.  Yesj   and— 

The  Court:  Wicks? 

A,  Yes,   sir;  Wicks  and  Wri^^ht  and— 

Q.  Ho d^^ ins? 

A,  Yes,  sir. 

0.  What  didHod^ins  h  ve  to  do  with  it? 

A,  He  bought  in  with  them  aftT  thoy  p"rnh«.Rftri  the  Iand»  Tht^s* 


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other  oar  tie  8  purchased  tho  water  right  and  land  from  the 
San  Francisco  Goi.ipsny  and  then  Hod^ins  oarae   in  after  that, 
before   I  bou^^it  the  water  from  them. 

Mr.  Ojha.pLian:  5.  Wliat  pipe   ia  it  that  you  refer  to  from  which 
you  3Dt  the  water? 

A.  The  piping  from  the  Oucaraonga  Springs.  They  laid  the  pipe 
all  over  that  laid  after  they  organized  the   ca  pany. 

Q.   Jinri  where  did  the  pipe   oactend  to  and  in  what  direction? 

A.  The  pipe  that  ca  e  to  my  corner —  You  moan  the  two  inches 
of  water? 

Q.  Yea. 

A.  T]iat  is  separate  from  the  other.  It  is  a  mile.  I  suppose 
that  cane  down  into  what   ^hoy  call  Turner  Avenue, 

0.  The   hydrant  is  ri,^it  at  the  corner?.  And  in  this  pipe 
that  takes  water  from  the  Cucaruon^.^a  Springs? 

A,  Yes,  bir, 

Q.  You  say  tht:  two  tracts  are  separated  by  about  a  mile? 

A,  The  two  water  ri'^nts;   yes,   sir.  They  extended  the  water 
out  beyond  there  to  the  cor  er  of  tho  40  that  I  bou,:ht  for 
the  tv/o  inches  of  water,  and  delivered  that  water  to   the 
northeaat  corner  of  the  40  acres  of   section  11. 

Q.   Since  the  w  iter  was  sh  t  off  by  the  company  where  haye 
you  fpt  '.mter  for  it? 

A.  We  haven't  hxl  any  water  for  it.ii-ce  I  owned  it.     I 
transTerred  it  to  anotlier  party—  I  think  they  have  had  it 
t?/o   seasons  and  they  have  bou  ht  sonie  outside  water.  That 
is,   they  bou  ht  water  that  belonged  to  other  people. 

0    You  don't  ov/n  it  now  ? 

A.  No;    I  don't  own  it  now.   I  arn  a  little  hard  of  hearing. 


I<^r 


Tou  will  have  to  excuse  rt», 

Q,  You  still  own  tho  40-acre  tract  in  section  11? 

A.  Ye 8,  8ir. 

Q.   Is  t>'at   .he  tract  on  which  you  have   tjie  winery? 

»,  Yes,  sir;  well,  not  on  that  tract.   It  is  on  that  ra>^ch. 
The  winery  is  on  section  12  in  the  home   place  where   I  origin- 
ally ran  the  water  to   ff-.Qn  I  first  bouf?;ht   it. 

Qi  Do  you  om  that  place  ary  lom-er? 

A .  Yesi,   sir, 

0.  Bo  you  know  how  much  water  you  used  on  tJuit  place  about 
that  winery? 

A.  No;    I  nov:;r  kept  any  account  of  it.   I  used  all  that  was 
neccssarjr, 

Q.  Have  you  any  idea  how  much  that   las? 

A.  Well,     it  was  all   tiiat  t  ey   w)uld  j-^jive  me  of  the  four 
inches,  without  measurement.  I  had  a  continuous  flow  and  saoe 
tijaes  I  used  to   save  up  the   vater  to  .-^et  anouf^h  to  carry  me 
throu^;;h, 

0.  How  did  you  save  it  up? 

A.   I  saved  it  up  in  tsuiks  in  the  vincary. 

0.  W^iat  size  tanks? 

A.   I  h  d  different  size  tanks.  I  h.d  tenks  that  ran  from 
250  gallons  up  to  4000. 

Q.   How  rxiany  of  thorn  did  you  hanro? 

A.    Let  me  soc.  Of  thf    la  rgs  tanks —  I  h-iri  about  20  tanks. 

Q.    Alto^':et}ler? 

A.  Yea,   sir. 

Q.  Do  you  know  about  t.he  total  stora^^e  capacity? 

A.  Mo;    soniotimes  some  of  the  tanks  would  be  full  of  wine, 


and  Bomatlnjos  to  save  up  w?;t,er  during  the  nipf\t  I  would  rMn 
TWiter     into  them  tanks  to  save  it  up  and  have  plenty  of     ater 
in  the  morning.  Supposed  to  be  delivering  four  inciies. 

0.  Have  you  any  idea  how  miich  you  hid  stored  in  those  tanks 
all  put  to  net  her  at  one   time? 

A,  No;    I  never  undertook  to  keep  any  track  of   it, 

0.  You  hao  plenty  of  v/ater? 

A.   I  had  plenty  of   vatcr  then.  Yes, 

0.  You  ?u*e   still  enga^d  in  the  same  business? 

A,  Yea,  sir;   I  am  not  making  wine  nov. 

Q,  W  at  u  30  are  you  making  of  the  water? 

A,   I  use  it  for  irrigating  around  t>he  house  and  the  pp.rden« 
and  my  treoa,  wherever  I  can  r^t  the  v/ iter  to   it, 

Q,  How  long  since  you  quit  .  laking  wine? 

A,  I  guess  it  is  ten  years. 

0.  Do  you  know  hov/  much  wine  you  have  made  annually—  how 
Bftioh  wine  did  you  bottle  annually  when  you  were  running 
the  winery? 

A.   I  dion*t  bottle   it,   I   sold   it  by  the  piiallon  or  carload  lots. 

idiichever   my  I  could  sell  it.  I  had  as  hi^^h  as  5f)000  or  ,%,ooo| 

i 
^llons  that  I  would  make  tynrein  one  year.  T'at  is  all   t,he 

Btora^~^e  I  h^, 

Mr.  Britt:   0.  How  many  acres  of  vines  did  you  have  when  you 
were  making    5b  or  60,000  gallons? 

A.   I  hid  a  f'lood  many  more    acres  of  vines  tlmn  I  could  make 
up  into  -.vine,   I  h-  d  260  acres  in  one  place  and  40  aero  a  in 
another , 

Mr.  Haekell:   ^.  How  many  acres  have  you  p^t  now? 

A.  I  have  440  acres  under  cultivation  now  into  vinos. 


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Ur*   BRITT:  ^.  What  do  j-ou  do  with  your  grapee  at  preaent? 
A.  I  am  soiling  them  now  to  thcwineries.. 

ISr,   Chap,  an:  Q.  You  day  you  havo  about  400  acres  now  in 
▼ineyard  ? 

A.  450  acre  s  now , 

Q.  Do  you  cultivate  that  without  water? 

*,  Oiit  there,  yos;    I  can  cultivate  them  without  water. 

Mr.  Haskell:  ".   Ib  there  any  difference  between  the  charac- 
ter of  the  soil  and  the  necessity  for  v.-ater  for  raising 
▼ines  "ffhoTc  you  grow  them  and  the  red  lands  ovor  east  and 
north? 

K,   Oh,  yea;  a  great  deal   .  One  mile  m^es  all  thn  difference 
in  the  world. 

Q.  Which  requires  'he  most  mter? 

A.  Th<:  red  lands. 

Q.  Will   the  red  la-ds  j  reduce  grapes  without  irrigation 
suocess  uliy? 

,A.,     I  couldn't  litake  a  success  EXJckflodE  xoij^fciaii. after  they 
shut  off  the  :,  ter  from  the  twenty  aero  piece.  We  have  fif- 
teen acres  of  vines  and  they  cut  down  the  yields  to  almost 
nothing.  And  the  vines  came  very  near  dyin^^. 

Q.  How  does  your  20-acre  piece  compare   in  quality  of  soil 
to   the   lands  of  the  Cuca;(ionj^  Yineyard  Oornpany? 

*.   I   should  judge  from  that  20  acres,  or  probably   a  little 
lower  down,   is  those  red  laTcis  that  requires  water. 

0.  The    sairie  kind  of  soil? 

A .  Ye 8  ,  sir. 

Mr.  Chapman:    '.     Are  you  including  the  "^ucaixnga  Vineyard 
Clorjpar^'s  lands  as  aiaong  the  rod  lands? 


A.  Yes,   sir. 

0.  Don't  they  cultivate  those  lands  without  water  now? 

A.  You  i;iean  the  old  Oucamonga  vineyard? 

0.  Yes. 

A.   I  don't  know  w  lat  they  are  doing.   I  think  tliey  are  rais- 
ing grapes  there, 

Q.   And  without  water? 

A.    I  suppose  soj    I  don't  know.   I  heard  that  the  w  ter  wai 
shut  off  J   but  they  are  not  getting  near  the   quant  ity  of 
crop  that  the  y  used  to, 

0.  How  do  you  know  that? 

A.  They  tell  me  so. 

-0- 

E.  T,  -T^IGHT. 
E.  T.  V^RIGHT,  heretofore  sworn  and  exaoiined,  being 
recall^id  for  plaintiffs,   testified  as  follows; 

Mr.  Britt:  0.     Referring  to  the   paper  which  you  have  now 
in  your  hands  and  which  bears  at   the  head  this  inscription: 
Tabulation  of  Measurement  of  Cienegas  and  DevelopoientB  at 
Red  Hills,  as  indicated  in  Miners'   inches, —  I  will  ask  you 
first  W'-at  is  meant  by  the  term  ■miners  inches"? 

K,    It  ib  intended  to  mean  what   will  flow  out  of  an  inch 
aperture  under  a  four-inch  pressure/ 

Q.  If  it  is  reduced  to  fractions  of  a  cubic  foot  what  does 
it  mean? 

h.  Ife  practically  use  it  as  50  miners  inches  making  one 
cubic  foot  per  second. 

0.  A  flow  of  water  equal  to  that? 

A .  Yes,  sir. 


3 

4 

5 
6 
7 

8 

y 

10 

11 

12 

.-  13 

|o=  14 

«.i  15 

t  16 

o 

17 
18 
39 
20 
21 
22 
23 
24 


28 
29 


0.  What  do68  this  paper  cjontain? 

A.   It  oontainB,   first,  tho  date  of  the  uieaourement,  next 
the  nanie  of   tho  observer  or  obaervera  iriio  took  the  measure- 
ments;  and  then  there  are   three  columns  that  represent  the 
flow  of  water  from  the  east  side,  and  a  fouth  column,   totals 
on  the  east   side, 

Q.  Eaot  side  of  w   at? 

A.  East   aide  of  t.ht    red  hills,   including  the"Y"  Tunnel  and 
the  Hreek  flow  of  wat^r,  and  any  ciene^a  also  on  thfit  side. 
All  the  other  eoluirjis  indude   the  water  flowing  on  tht;  west 
Bide,  divided  into  different  headings  aa  to  whorf  t  oy  are 
lo  oj  ted , 

0.  I  noticG  in  the  column  containing  the  names  of  observers 
that  of  E.  T.  Wri^^t,  T  at  is  named  frequently.  You  are  the 
aa  e  j^  erson? 

^.  Yes,   air. 

0.  By  wliom  was  this  prepared? 

(^   It  was  prepared  by  rae  • 

Q,  And  contains  'he  result  of  your  own  observations  and  also- 

A,  My  own  observationa  and  ty*  additiona  of  oth.cr  ilraerrYm 
observations  of   some  other  people. 

Q.   In  the  third  coluiim  from  the   left,  under  the  title 
■Creek  Division  Box,  50-inch  lino,"  appear  numerous  figures 
and  entries  indicative,  as  I  understand  you,  of   inches  of 
flow  of  water.  Wtore  was  this  ^re^;k  Division  Box,  30- inch 
Line,  located?  Wnat  is  tlie  meaning  of  liiat  kading  of   that 
column? 

A,  It  is  the  sai  e  place  testified  in  this  "-^ase  as  Weir  No. 
8,  and  is  neasured  at  the  avjiB  box,  and  is  the  water  coming 
throu^  the  30- inch  pipe  line. 


.'  .T  . 


II, 


\l 


3 

4 


8 

10 
11 

12 

.-  13 

■I 

2  ►-  H 
20=  14 

z  «  "^ 

«.ii5 

QQ  <<  U 

-  CL 

-0  3 

17 
IS 
19 
20 
21 
22 
23, 
24 


25 


26 
27 
28 
29 


Q.  W)»t  part  of  the  water  of  thenucaM)nga  S}.rings  was 

nBasurod    at  that  Oreek  Division  Box? 
K.   It  m£i  all    tiie  fhicamorvia  Sprinf;B  cooiing  down  the  Hreok.— 

Cucaironga  Hrck —  on  the  east  side  of  the  Red  Hill. 

0.   And  thoB';  meanirerrBnta  then  in  the  first  colunm  of  fibres 
of  this  tabulation  show  measuremorts  of  w'  at  water? 

^.  Of  the  water  k  nown  a^  the  Cr.ek  Water,   and  measured  at 
Weir  No.  8. 

0.  Then  the  measurerasnts  of  w  at  water  are  included  in  the 
next  column,  being  the  second  column  of  figures  in  tiiis 
tabulation? 

A.  That  is  all  the  waters  coming  from  the   "Y"  Tun;ibl  and 
the  ciene  a  iEiraediatoly  below  the   "Y"  Tunnel. 

0.  And  under  wnat  desifgiation,  or  how  is  that  place  de- 
scribed? 

A.   It  is  describod  here  as  "Division  Box  of  16-inch  Line 
and  "Y"  Tu^inel,  built  in  l'-86  and   '7."  That  is  the  date  of 
the  building  of  the  "Y"  Tunnel, 

(I  The  water,  then,  which  waa  measur 'd  at  tl-iat  point,  and 
the  results  of  the  measurements  tabul'ted  in  that  column, 
was  w^ter  artificially  collected? 

A.  Not  alto  nether,  because  the  ciene^^s  flowed  water  be- 
fore the^Y"  Tunnel  was  started  at  all. 

0.  Th.;  next  coluaui  is  had  d  "nhiBa  Hion^a,*  That  is  the 
third  column  of  figures.  What  does  thsit  indicate? 

A,  That  is  from  the  cienega  known  aid  referred  to  in  the 
tegtinony  as   "China  Oienf  {!;a8"  on  the   east   side  of  the  Red  Hill. 

Q.   And  the  fourth  aoluitin  of  figures  is  headed  "Total"  and 
contains  tho   totals  of  what  columns? 

A.  Of  thethreeother  columns  for  that  aaioe  date 


Q,  Those  colui^ins  all  refer  to     mBaBurementa  and   total  of 
meaeui-enien ta  on  the   east  aide  of  the  Red  Hill? 

A.  Yes,  sir. 

0,  Now  the  second  division  of  this  tabulation  aer.rns  to  te 
flbbciiMd  de  Yot  d  to   the     est  aide.  Tiat  means  the  west  aide 
of  the  Red  Hill? 

A.  Yes,   air. 

0,    And  the  first  column  is  headed   "Spring  North  vest  of 
Tunnel  No.  2  Portal.*  Wht-rti   ma  tf^at  portal  mentioned  there, 
and  that  apring?  Can  you  locate   it  on  Rachibit  1? 

A.  I  can  point  to  the  place,  becauao  the   postal  of  Tunnel 
No,  2  ia  at  the  mouth  of  the     Tun- el  No.   2.  You  aet;  the 
water  practically  ran  out.   At  t' at  time  tliure  waa  quite  a 
stream  of  water  in   the  creek  bed  on  thewRst  aide  of  the  Bed 
Hill. 

Ifr.  Chaprran:     Which  time  are  you  referring  to? 

A,  I  am  referring  back  to   '85  and   '90. 

Mr.  Britt:  0,  You  had  your  }.encil  tl'iere  on  the  particular 
apot.  Can  you  describe  it  so  that  it  can  be  identified  from 
the  record  and  the  caap*!* 

A.   Practically  whero   it  says  "Granite  Monurient,  Elevation 
1277"  on    h(    southwest  corner  of  section  4,   township  1 
aouth,  rar^G  7  west,   S.  P,  ''. 

0.  Then  under  the  fHon- ral  caption  "West  Side"  the  second 
column  appears  to  be   "West  Ciene^^  D,"  Where   is  t^^at  aitnated? 

A.  That  is  a  ciener/a  as  shown  on  plaintiffs'  Exhibit  1, 
aiii  mostly  located  at  the  northeasterly  part  of  the  90-acre 
tract. 

0,  Has  the  90-acre  tract  boen  described   on  this  map?  It 


9 

10 
11 
12 
13 


2  1-1- 

III'' 

a  ^  5  la 

-;  o  3 

n6 


17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


io  an  L  shaped  reotaiv^ular  figure  appearing  on  this  map,  Ex- 
hibit !,■  in  the  oastern  part  of  w^Bt   ia  indicated  as  sec- 
tion 5. 

ThBOourt:  Aa  I  remtober  it,  there  was  a  very  fpod  map  of 
that  90-acre  tract  used  in  the  McPhcrson  caae  ifeich  shows 
all  those  things  very  wbII, 

Mr.   Stt;vens:  You  have  a  nuraiior  of  corners:  Why  not  describe 
it? 

A.  TTiere  are  no  course s  and  distances.  There  is  a  corner 
monuijaent  and  the  elevation  of  each  monument. 

Mr.  Britt:   I  don't  think  t  are  will  be  any  difficulty  if  it 
is  described  as  the  L  shaped  rectangular  figure  in  the 
western  part  d  section  4, 

A,  That  wouldn't  quite  do,  because  here  is     an  L  shaped 
rectangular  figure  on  the  west  side  of  section  4  t!  at  be- 
longs to   tiie  San  Antonio  people, 

Mr.  Ohapivan:  Woulcii't  it  be  a  fficient  to  say  tiiat  it  is  the 
L  shaped   tract  trrowr^  which  the  line  marked  "Tun  el  "runs 
northerly? 

A.  That  would   identify  it,  because  there   is  only  one  of  that, 
whtjrc   the  portal  of  tu:n/iel  No.   2  is,  near  the   southeast 
comer. 

Mr.  Britt:   I  su^'^^^est  that  ohe  witness  take  a  pen  and  mark 
it  "90-Acro  Tract.)"     (Witness  marks  tract  ■90-Acr     Tract.") 

Q.  The  West  Oienega.  D  is  narked  in  that  tract' 

A.  It  is  the  ciene/:ra  shelving  on  the  90-acre  tract  at  the 
northeasterly  oo»ner. 

Q.   Comer,  or  pau-t? 

A,   Tlie  northeasterly  part. 


1 

2 

3 

4 


8 
9 

10 
11 
12 

.-    13 

■I 

z  •- 1-' 
-  *  "  1  I 
2  2§14 

$-" 

«  ^  S  l3 

0  <  ul 

-•3  I 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


0,  No#  the  third  colum  is  headed  •Picnic  SpririfTs",  and  it 
looks  like  "Ciene^^  G." 

A.  Yes;    it  is  C, 

0.  Whorr  is  thfit  cienega —  that  Bering—  situated? 

A.  That  me  the  wate  r  rising  practically  at   ^ho  northwest 
corner  of  the  90-acrc  tract  whor-'   it  shows  "Granite  Monunient* 
on  Pl?3int.iff8*  Kxhibit  L. 

Ifr,  Chap  lan:  What  is  it  that  indicates  t;  at? 

A.   "Granite  Monument. ■ 

0,   I  mean  on  this  paper? 

Mr,  Britt.   It  is  the  third  colui/in. 

A.   •Picnic  f>prin{-s,  Cieno^  H.* 

0.  The  fourth  column  under  the  caption  "West  mdf*  is  head- 
ed "Artesian  Wells,  Nos,  1  and  2":  Where  are   they  situated? 

A,  They  are  the  two  artesian  wells  at  t^o  north  and  north- 
e.'isterly  sido  of  tho  90-acre  tract,  marked  "Woll  1"  and  "^ell 
2". 

Q,  Then  the  next  is  the  "Tiburcio  SprinfsS,"  Where   is  this 
spring  and  where  was  it  situated? 

A.  That  was  a  srnall  amount  of  water  on  the  od.  o  of  the  90- 
acre  tract  between  the  two  granite  monuLv.nts  marked  "Rleva- 
tion,  1303"  and  the  other  "Elevation,  1312."  on  Plaintiffs' 
Exhibit  I. 

0,  The  next  column  unter  that  caption  of  "West  Side"   is 
•Tunnel  No.  2  on  90-acrc  Trat." 

A.  That  is  '>he  Tunnel  No.  2  knovrn  in  this  suit. 

0.  Is  that  the  same  as  the  Eady  Tunnel? 

A.  Yea,  sir-,    the   S'jne  tunnel. 

0.  The  next  column  is  headed  "W^^  ir  No.  1"  and  the  heading 


'.  ? .  : 

•loir  No.  1"  is  followed  by  the  further  inscription  "Cucamon^ 
Water  Company  from  Mouth  of  Tu  i  el  No,  Z,' 

A.  That  is     the  weir   t  lat  turned  th«  water  to   the  Oucamonpra 
Wator  IJoniiAny  at  the  mouth  ofTurinel  No.  2. 

0.  The  next  ooIufji  is  "Weir  ;'g.  2"  with  the  entry  follow- 
ing "San  Antonio  Water  Oonipary  from  Mouth  of  Tun  j el  No.  2." 

What  does  that  indicate? 

A.  That  indicates  the  amount  of  water  flowing  over  t'ne  weir 
at  the  moutt"!   of  Tunnel  No.  2  that  flows  to  the  San  Antonio 
Water  Hompany. 

Q.  Two  weirs  from  t^:n.t  tun  el? 

A.  Yes,  Bir. 

Ifr.  Chapfian:   0.    Md  they  db  asure  the  sum  total  coming  throu^ 
tho  tunnel? 

k.  Yes,   sir. 

Mr,  Britt:  <?.   And  ^.ho  next   column,   "Total",  contains  the 
Bunurary  of  w  lat? 

A,  The  sii;.r«  ry  of  all  the  water  as  desi^ated  here  as  meas- 
ured on  the  west  side. 

Q.  And  the  last  colaim  of  ihc  tabulation  to  Uie  ri  -^Tt,  un- 
der the  head  "Rainli  previous  season"   indicates  what? 

A.  The  aiiTount  of  rainfall  by  the  San  Bernardino  measurement 
the  seation  jrevious  to  the  dates  of  nieasuretnent,   in  inches. 

0,  The  first  entry   in  the  tabulation  purports  to  be  the  ob- 
servation of  Williari  Fitzhuf^h,  made  in  So]tomler,  1  ';5, 
when  'here  was  flowing  at  thp  Creek  Division  Box  225.36 
indies,   -Jid  from  tho   cienega  01.7b  inches,  making  a  total 
of  277.11.  Whorb-  did  you  obtain  tho  fi^^es  aj-i-earing  there? 

A.  ?raQ  the  testiniony  of  .' r.  Lynch  e^pearing  in  this  case. 


1 

2 

3 
4 

5 
6 
7 
8 

y 

10 

11 

12 
13 


:"16 

17 
18 
19 
20 
21 
22 
23 
24 


2b 


26 


27 


28 
29 


0.  In  thiB  caMf 

A.  Yes,   Bir;    I  heard  him  testify  to  thoee  facts. 

A.  The  next  entries  api:ear  to  have  been  made,  or  purport  U) 
represent,  meanuro.  ents  made  by  Culver:  Where  did  you  obtain 
those  fibres? 

A.  Prom  the  same  source;   in  this  case.  lir.  Lynch* s  testi- 
mony on  the  stand  here . 

0.  Th  e  /noasu  ements  hero  represented  by  E  ton,  I  think 
you  have  not  verified,  or  do  you  know  anything  about  Uiem? 

A.   I  have  verified  this  nieasnrement  here,  til  with  his 
original  measure lient  turned  in  to  me  as  one  of  the  Cucamon^ 
Water  Com,  ury  board  a  few  years  a^o.  But  it  has  not  been  tes- 
tified to  in  this  case. 

Q,  Coming  down  the  oolumn  to  July  13,  lo69,  it  sewns  that 
E.  T.  Wri(''Jiit  made  so.  .e  observations.  The  figures  show  there, 

for  inatana^,  what  anount  of    atcr  flowing  in  the  or  tk  at 
that  time? 

A,   184.58  miners'   inches. 

0.    And     rom  the  "Y"  Tunr©l^ 

A.  "Y"  Tunnel   and  ciene/:ga  below,  163.57  inches. 

^.    And  thi!  China  ^.icrwp^? 

h  .  13.27. 

0.  Making  a  total  of  viator  flowing  on  the  east  side  at  that 
time  of  how  much? 

A.  361.42  inches. 

Q.  Those  are  your  own  observations? 

A.  Yob,   tir. 

Q.  Did  you  raake  the  observationi  recorded  and  entered  here 
on  t}ie  vest  side  at  the  same  time? 

A.  Yes,   liir. 


Q.  For  thepuri-oaea  of  oxplanation  here  ,  go  on  and  say  what 
tha  Boveral  figur  a  i  :aicato. 

A.   In  the  northwest  of   portal  of  Tunnel  No.   2  there  was 
3.94  inches  at  t  at  time. 

Q,  Tiat  iKis  a  spring  there? 

A.  That  las  a  spring  and  the  cr  ok  originally,  and   the 
first  measurement  made  was  56  inches,  and  it  had  flowing 
3,94  inchoa  after  the  tunnel  was  run  two  or  three  years.  It 
only  flowed  3.94.  The  next  was  niehe^iSL  D,  40.53  inches; 
Cienef»  H,  17.35;  artesian  wolla  no,  1  and  2,  15,14;   Tibur- 
cio  Springs  was  1,81;   and  flowing  at  the  mouth  of  Tur.  el  No, 
2  at  tliat  date  54.02  inches.  And  out  of  the  Hhina  Garden 
Ciene£;as  at  tliat  date  there  was  16.76  inches.  Making  a  total 
on  the  west  side  of  149.53  inches, 

'  .  The  next  iiieasurenBnt  was  July  14,  1^>90,  and  made  by 
yourself? 

A.  Yea,   sir. 

Q.  The  f?ulvT  zneasurenE; nt  of  July  14,  1(390? 

A.   It  was  made  at  the   same  date  and  the  same  time.  He  made 
his  raeasuremert  s  distinct  ajid  I  made  mine,    md  this  is  a  copy 
of  what  he   turned  over  to  our  company, 

Q.  Were  you  with  him  at  the  time? 

A,   I  was  with  him  all  the  time.  But  that  was  his  method  of 
meaauromont  and  his  calculations,  and  they  varied  a  trifle 
from  mine. 

Q.  The  following  measurement  is  Juno  29,  1893, 

A,  I   ae.'o  t  loro   is  only  one  moasuraiient  made  that  day,  and 
that  was  of  Dienega  f!  on  West  Side,  That  was  13,29  inches, 

Q,  On  July  14,   lti93,  you  made  another  measurement  on  the 


<v 


I     west  side. 

A.  I  made  a  raeasureaent  of  all  the  vr.ter  flowing  At  the 
mouth  of  tiie  Tunnel  No.  2,  36.45  inchet, 

C.   On  Roptembf^r  15,  lb94,  and  June  12,  lti9ft. 

f\,  I  made  the  entire  mBasurementB  on  t^.e  east  aide  on  those 
two  dates. 

0.    And  the  results  shown  here  show  a  total  of  35b. 29  i'  che» 
on  September  15,  1894,  and     374,40  inches  on  June  12,  1895? 

A.  Yes,  sir. 

0.  Now  the  measureriients  next  following  purport  to  have  been 
made  by  P.  K.  Trask.In'Auf^st,  1696,  August  10,  1897, 
Angus t  13,  1898,  are  taken  froa  his  testimony  on  the  stani 

hero  in  May  last. 

0,  The  measuroriient  next  following  purports  to  hare  been 
made  by  yourself,  a  single  measurer.ient, 

A.  Yea,  lur;    a  single  measurement  of  Hienoga  D,  30,75 
inc  Ib  8 . 

0.  The  next  measurement  purports  to  have  been  made  by  N.  W, 
Stowell,  Do  :/ou  know  am  thing  abot  that  personally?  April 
Ist,  1899? 

A.   I  don't  think  I  know  anything      rsonally  abat  it. 

0.    Aid  the  next,  June  15,  1899,  by  E.  T    lrif:ht:  Do  you 
know    ai^thing  about  that  personally? 

*.   It  was  evidently  the  only  one  measurement  of  Hianega 
D,  13.46  inches. 

0.    An:  st  21,  1699,  another  meaBureraent  by  K.  T.  "rirht. 

A.  I  measured  at   t^^at  time  the  flow  from  the  creek  at  what 
is  called  lair  8,  as  91.58  inches,  which  included  a  imall 
■aount  of  ?;atar     that  we  carried  down  a  little  pipe  from  the 


M  =  CE 

M  -1  c 


1 
2 
3 

4 

5 
6 
7 
8 
9 

10 
U 
12 
13 
14 
15 
16 
17 
18 

]y 

20 
21 

23 

24 


25 


26 

27 
28 
29 


former  Phina  Oienofis.  of  the  ISaat  Side, 

Q,  Can  you  tell  how  much  there  wai  of  that? 

A.    So.'.iewhero  from  5  to  8  inches  of  water;    and  also  the 
watr  from  the     •Y*  Tuniel  Ciene^^     00,95  inohea,  nakir^:  a 
total  on  the  east  aiae  of  172.55  inchoB;   and  also  Gienera  D 
at  t'liat  tiuo,  3.15  inches;   and  artesian  wells  nos.  1  and  2, 
as  2*68  inches. 

Q.  ThG  next  mcaaurerasnt,  or  rather,  a  measurement  mado   in 
Aj^ril  of  tmt  year,  somewhat  previous  to  tbo  one  you  hare 
beun  describing,  by  Novsman  and  Pinkie:  Do  you  know  anything 
about  tliat  persorially? 

A.  Was  I  with  them,  do  you  mean? 

Q.  Do  you  know  anything  about  it  personally  at  all? 
A.  I  only  know  \7here   I  r-ot  this  datt.,  if  t>iat  is  w'at  you 
ask  for.   I  was  not  with  than  personally,. 

0.  Wher^^  did  you  f?;et  it?  A,   I  i^jot  i+,  from  #iatwa8  intro  - 
duced  in  evidence  in  the  McPherson  case. 

0.  I  will  not  ask  you  to  verify  the  mt  asureraints.  The 
following  /ieasurenrnt,  "February  11,  apostrophe,  2  ciphers, — 
I  sup'pose  t;  at  means  February  11,  1900? 

K    Yes,   sir, 

0.  Thon  Farch  2,  1900,  you  seem  to  have  mpasured  all  the 
water  on  the  e^st  sidt.? 

A.  Ye B  ,  hiv , 

0.  87  inches  in  the  creHk' 

A.  82  inches  in  the  crctk;   73.26  in  t!  c   "Y"  Tun'«l  and  the 
cienegMji  below  it. 

Itr.  Chapman:   0,  Itiat  date  was  that? 

A.  March  2,  1900.  Making  a  total  on  the  e  st  side  of  155.26 
inc  he  8  • 


0.  The  other  (<nt.rieB  follov.inf^  your  nmMf.  aa  ohaeryer,   they 
were  Liwlfci  by  youraolf ,  una  witii  the  reeuKe  ahovm  in  the 
tabiulat-ion'^ 
A,  Yes,    flir;   they  were, 

Q.  The  iiuxt  netoBure-ent  mad.  by  R.T.  Wrigjit,   Mas  April 
16,   1900? 
A,  Yes,   Bir, 

Q,   hn    therioo  folloviru"  on  tio-ii  to  December,   a  number  of 
m«ii«mren<intB  -nade  in  1900  down  to  Decernher,   all  by  E.T, 
Wiprjit^  correctly  set  forth  here  ore  t}iey? 
/,  Yes,   eir, 

Q,  Thtjn  follow'  ftorae  entries  rwMl'i  by  ^i^st  and  ?obbo,  com- 
nencim!;  January  2nd,   1901,   and  t)\e  laat  T'o'hriuirj'  11th, 
l-.-'01-  No,  .Tfoiue-orj'  20th,   1901:  Were  thoBe  mare  by  vou  in 
conjunction  v-j  th  '^'obbe' 

A.  Jitr.iUiry  iind  with  Bobbe.   tinri  January  ■ 'th    with  '-'.L. 
Cookr;,   ann  Jaji'iftry  COth  with  Fobbe. 

Q.  FobruoTv   11th,  1901,  K.T.  Wri^^t,  moKSi'Ten^nL  of  water 
flovdn,    frorj  the  Y  tvuinel,   iiiici.  Uiw  ciune^r-a  bolow  it  - 
A,  The  cienogii.  bolov,(  it. 
0.  Araoun^inf^  to  - 
A.  b6.i>i  inohoB. 

0.   And  thft  iH'  abureroTitfi  nude  by  Wi'ipjit  nnrt  ^towtll  on 
February  firet,   li^Ol:  Pif     o\i  make  tlioBd  porEonallv' 
.  .   I  raace  tr  oae  p(;rBonully;   aa  Kr.   Stov/ell  wtM  with  :je  he 
nuy  hii.vo  inarie  hie  own  nieuBLiTe'ient;   I  otai't  rnronber;    I  made 
tliem  poroontdly  if  I  hare  frot  \.h(n  riown  here. 
',).  iTio  fi^^uree  f^iren  in  the  Boveral  coliaanB  reprectnt  cor- 
rectly t^t)  roBult  of  those  meuRurera<;ntB'* 


•h- 


LiJ  X .. 


l:j  i-^'i     .  :.' 


«     -■!         *„ 


.A    I  (•:- 


jv.    I    ; 


2 

A,  Yes,   bIj'. 

^',  ^ollo  imr  raeaflure'nentB,  Us.y  I'Jth  and  July  iiord  IVOl, 
wn,m.  to  h.'uve  bt.t.n  muUu  by  yourself 
A.  Yob,   bIt. 

0.  Corroctly  Bot  forth  ht.re'' 
A.  Yo{5,   {.ir, 

0.  The  Pwaeurtiirnent     f  July  2bth,  1901,  purports  to  be  WMd9 
hy  M.W.   Stowwll? 

A,  There  are  no  meaBiu*er' -n  .b  followirir"  on  that  line;   I 
BUpMOBt*  I  intended  uo  huvu  him  fill  it  m,  but  it  hua  noo 
bt  on  dune, 

(',  CoKtinncim^  July  oOth,  1901,  tliere  b  -^-...s:  wu     v  uo;u'j  fur- 
tli'T  nouBi)re»nent3  by  S.T,  ^^ri^it:  Tiie  roaulte  si-i.t-eri  h(^.re 
usv  ti'OBti  obtained  by  youi'Bsif 
A.  Yes,  sir. 

G.  The  othi  r  irieuenrcsnonts  -wJiich  purport  to  be  here  entered 
when  K.T,  Wiv^it  *us  observer,   not.to  rf^cjth.a-  or  noL  they 
are  corrwcfly  maao*' 

A.  They   v^erc;    iina  Bet  forth.  ti.F  rnfiaiflurod, 
Q.  (roin^'-  back  to  tti*:;  -<,o})  of  Iha  coluLin  of  rnoaeure lente  on 
tha   ettBo  Bide,    I  notice    t>iat    vhen  Fiti'.hw^Jti  mrtde  >iiij  'i«aaurc- 
mont,    ooptt«!iber,   V't,6f  there  t-  pearti  to  have  boen  22^,66 
inchtn  of  watt<r  m  tha  creok;    t*)o  next  yoar  2ol,4%>,  Cul- 
ver's neaGuroa«-nt;  whii**  we  come  to  your  own  nbaeurernent , 
Jnlv  liith,   1W9,  F.,T.  Wrixr^t,   184. ;jb  in  the  crHek,   and 
li)0,b7  ?>.B  flo\vin*.r  from  the   i  tunnal  win   the  cienera  Vclow; 
tho  Yi/atr.r  in  the   creok  tjoenfi  tu  }iavo  fallen  off  from  some 
of  thoBti  measuromonts  aL>ove,   for   exi.  i;jle  that  of  Culver: 
])(>  vou  KnoY/  v,h«th6i'  thi-re  had  been  any  constiiiction,  any 


:)(u. 


loO  .' 


."U 


:■..•(  ' 


TtJV 


io 


wtificial  cute  "aixdv.  in  the  ciene^^uB  or  in  the  8prinfl;B  ttiero 

m  thu  noigiiborhoud,  botweon  tlie  i'lrat  neufliU'e'^itsntB  in  lti85, 

wnd  the  tino  of  your  measurenent  in  lbij9? 

A.  The  only  tiling  of  aiiy  conaequonce  that  I   Know  of  waa  the 

buiidoiitS  of  Uitt  Y  tuniiel,   nhich  wua  comtjietbci  by  'b^J  or 

tlie  yeui'     rovious,  t»n6    if«aa   cor.iiieiic ed  m  li  86;    that  ib 

conrpl.etsd  ua  far  as  it  was  finiahed  for  BOLie  years  following';; 

there  liue  been  some  work  do7io  since  that  date. 

0,  ^'ell,  thL.t  Bubbcquent  work   »a8  dono  in  What  year? 

A.   in  the  yciu:  I'JOO  ano  jjiubabiy  m  IvOl. 

0.  That  io  on  tHic  Y  tunruil' 

A.  Yes,  Bir, 

').  V/ejB  that  ViOi'k  d^ne  undur  your  o.vn  supfcrviBion,  or  with 

your  own  participation? 

A.  Yes,   Bir, 

Q.  'fthat  aid  yuu  cbstii'vc  with  r«feroncu  to  the  effect  on  tint 

flow  of  water  from  the  Y  tunnal,  of  the  work  done   in 

1<K)0  and  1901' 

A.  V^tiy,   it  inci-eaeea  the  qu<intioy  of  water  fluv^in^-;  from  42 

and  sometiunfr  inclies,  at  the  mouth  of  the  tunnel-   jt  was 

then  iifttaBured  in  April,   1900,-  to  aomet*:inf!;  oyer  fiO  inchei, 

aume  six  months  folio  m?^;;  but  that  included  the  borin;;;  of 

the  tv/o  wells  at  the  end  of  th<;  hranchns  of  the  Y,-  v/hhteytjr 

water  vie  fz,ox  by  aoin/r  that, 

(\  flhut  are  uiose  two  .\o11b  called  m  the  eTidenct  here, 

or  on  tVis  Exhibit  1? 

i*.  Well,  the  well  at  the  end  of  the  west  liranch  of  the  Y 

tunnel  is  called  HolLnan  Well  No.  2,   in  the  ajdn  eyidnnce 

in  tlus  case,  Tlie  other  woll  has  not  been  mentioned  in  this 


3i 


tfM^V     '•'.,-     , 


t  Jl.j 


'J,'.     IJ:  \ 


.  ,<!  •      :  ) 


:;?l      - 


9  : 


JLAd     <. 


cuRO  that  I  kno?'  of.     It  Ir  a    ell  bored   at  the  end  of  the 

oust  bruich. 

f).  You  Bfiy  there  wt^s  n  tera.  crur j    increase  of  vawLr  u.b  a 

rtiEult' 

A.   It  incre-;uBec  iAti^^ht  alorL'  fill   *>at  sunner;   \tc  lo'vered 

thj  enr<  of  the  Y  nearly  \>un  loc  io<.<^r  i^^n  it-  'lui  rv-un 

htfore;   alto  bored  thoae  tv.o  \n!liH;    it  was  a  contrart  let 

V.v  +Vf>  r'nca":or^'^;a  '.*'ii.ter  Hcirpeny,   and  th«  ruoanonga  Lan'^   and 

Irr-^c^tiicn  Company  to  ?!.  \i,  Sto»foll  I  t.hink  tc  do  the*  work, 

*'T^,  nf:AP*''/J',   0,  Are  ycu  testify i'?^t^  fron  ■-r.'-Msry  or    he  Eheet 

ycr.i  held  in  your  hhnd' 

A.   From  r '00017   entirely. 

U\,  BKITl',  Q,  i-o.v  lor^.-;  did  those  l.jnnt.l&  continue  to  dia- 

diLT-rjo  wator,  afttr  rtv-   de.jponinf;  \fiYic>  ''•'•i  ^^kw.  ^-intioned' 

A.   I  ciji  refer  <.o  thfc  neaa.ireaitntB  tnuj^t  on  trit  nhcct 

butter  Lmji  <jiy  ovher  way:     idl   Lhrou.;:}i  IVOl  tr.ey  c-ntinuod 

dinchurginf  :..  f;ood  quantity  of  water  until  tho  latti^r  end  - 

I  sees  by  September,  IV'Ol,   it  had  t'J.lcn  to  about  t'>0  inches, 

and  t-hoGc  arc  the  lijst  j/ieafui'cmente     that  I  have  on  thie 

Bhrot  of  uny  \vuttr  flowinf:  thore, 

0,  You  r;ade  rioaaare'itinxe  of  the   v.utor  flouinrr  on  "the  Y  tunnel 

I  Euppuce  eoDotiTiie  after  thcit,  or  rauce  ob6'::rTt.tion»  if  not 

raoafiuronenta? 

A.  rin  1}  f  Y  tuRiiti" 

0.  Yey,    {;ir, 

A.   Vliy,   I   olu'served  vhon  it  yiHA  perfuctly  dry, 

<\  When  did  you  obbenra  tiiat  the  Y  tunnel  had  ccaaec  to  slov 

Wi.l.er  t'.o  all'' 

A.  It  riip;ht  h.:v«  been  in  1^0.5,  bat  I  i^\ii\k  it  vae  in  1^04;   I 


b 

waun't  out,  'Aierb  in  1902  and  ISyO^i  at  all  that  I  ronemlier  of; 

I  was  not  I  foci  very  fiire,     ^nleoB  po^h  reference  is  mado 

on  tbia  nap. 

0,   I  noticD  on  Fehr.mry  2i)th,  1904,  ^tccordin;:  to  tliib  tab- 

ul'tion  that  '"ou  nude  a  'neaeuro* '•«•■>'    in   ^^  <:  stream  at  v/eir 

Vo,  1,  im6    round  11,9  inc^>«jn  of  wut-or*^ 

A.  YaK,   eir. 

0,  ■^e1'>ruarv'  ?*ith.  IVO-:  ^o  ^nn  rfrip-^ili^r  r-ih--^  '^r.r  l^ -re  was 

LjT<''thm''  it  hhat  tiao  flowin,-;  fron  iy}j(j  Y  turinci  oi    t.he 

A,  Ther-  waB  not. 

r,  State  'vhcther  or  not  t;-,ore  vraa  tuiy^iurur  then  left  at  all 

of  th«  r!ucr.'']orL^a  ^prin,r,B,   on  th(;  east  aide,  other  than  that 

11.9  inchcp." 

A.  At  that  date  Ih^^r-  v.-ae  not, 

^\  Well,  thi-t  season  you  Beem  to  have  rnajdcj  a  sorios  of 

.lor.Buro-Kmts  {Ion--  throUfj;?!  1904,   t.t  the  R«un»i     lace' 

.1.  That  wab  ahout  the  time  I  t.^dnk  I  was  tiraployed  on  this 

suit  and   wae  riakin*^  raeasure'^ents  for  this  case 

C.   Iv  r.  n  (.i'jtm  to  a  matter  of  throe   inchoB  or  Buch  a  matter 

in  Octul.or? 

\.  T^ie  lort'est  neasure'iont  waa  2.fiy  incliCB,  ao  Mr,  peed 

toHtifir-d  to,   in  Js-nuijry,   190'  . 

'■OA,  BHITT:  Y^c  'rtiil  offer  this  tabulation  in  cYiCbnce     to  the 

(*xteni  that  it  conti-ins  tV'e  result  of  -^loaBarerionte  w>iich  hare 

h«ftn  tfjBti^ied   uO  in  Uie  cuurco  of  thie  tribl,   and  to  the 

Dxttnt  that  in  addition  to  tuoee  it  contains  th^  result a  of 

neasuroniontB  testified  to  by  *'r.  lfri^:t  at  tlie  present 

time.  Tljore  are  a  few  neasnre-icnto  tiore,  like  the  socond 


dj*-.v   ;;■< 


rx  Haua*^    JifTs;   .  r   ,0' 


.•iiij   ,'jt-#i   ,\  ji 


;';   ,rlJ 


.:    I  J-      ,;  ,-4     .. 


ly   iti- 


vifr':   '^-.vr 


"T     "if.! 


f-n- 


.  I '  • .  1  ;:'.       ■>  *. 


■sr^.^o  ,i^ 


II 


dl^ 


n\^    <j  ; 


,;.-,  aijw  V 


?*lbJ<;.'v'    '- 


.^T,   «i 


'•'«TO- 


rina  jr 


n    t'' 


•  ',g      vH-l-'v'^-v 


'  I!. 


."Y     a     si'v   V     «i»f ■ 


(> 


100:) 


laeasuronont  of  Oulvor  ti.nd  Leok«,  una   o)iat  of  Eaton,  and  one 
of  I'r.  Finkle  I  think,  and  perhupe  a  few  othora,  which  we 
do  not  offer,  but  hope  to  supply  tl'.om  befora  the  trial  ia 
concludod.     W«  will  uek  t}iat  it  ho  nurked  the  proper 
ttxliibit  (Acimittad  and  ?«arked  "PlaintiffB'  Ex)iihit  52) 
Q,  Wiat  do  you  know  uhout  tho  flow  of  water  into  v*iat  ia 
ctdled  tho  tunnol  Mo,  2,  tho  Fadie  Tunnel,  leather  after 
the  tunnel  waa  first  0})en«d,  the  water  increaaod  or  diminiuhed 
M^etJior  the  tunnol  was  aftorwarda  opened,  and   if  so  at 
w^iat  time,  and  \viieth.er  the  flow  of  wator  from  that  tunnel 
wuB  strengthened,  or  increaaed  1  y  the  horinr  of  any  wella*^ 
A.  Will  I  go  on  and  atato  the  history  of  the  tunnel* 
0.  Yea,  sir" 

A.  Why,  ti:ie  tunnel,  we  cowienced  it  in  Junu<iry  -  I  aay  we  - 
I  raean  the   CUcamonfga  ?ruit  Tittfid  norapany,-  connenc'^d  to  build 
that  t\innel  in  January,   IBiJti,  and  I   think  worked  nearly 
continuoualy  on  it,  poaaibly  for  two  yeara,  with  brajJcdovma 
and  80  on,     and  ofcourae  there  waa  no  wat  r  running  out  of 
tl-ie  tunnel  to  start  with,  bef cause  it  was  attarted  in  dry 
land  on  the  side  of  the  hill,  but  we  increaaed  the  flow 
80  that  two  yeara  later  there  waa  between  7d  and  74  mmera* 
inches  flowin/^  frcn  the  tunnol. 
0.  That  vYOuld  be  in  1890? 

A.  yea,   air;  during  the  conatruction  of  that  tunnel  I  think 
there  waa  two  we.lla  bored,   arnall  ten  inch  jfolls,   if  I 
ronenber  right;  but  neither  well  ])roduc«d  more  than  one  or 
two  or  throo  miners*   inchea;   juat  a  mall  flow;   and  we  wore 
very  much  disa; /ointed  in  Uien;    and  they  were  ahullow  wella, 
perh^a  200  or  2bO  feet  fron  tho  surface;   then  work  ceaaed 


^ 1 004 

on  the  tunnel,  and  tlioro  irels  nothin,";  cione  practically  for 

ai:jt  youTB,  until  tho  vvater  Viej-'fji  to  r^t  scarce,   and  tha 

f\o  I  of  tho  tunnal  hod   decreanod,   bo  thore  was  only  about  18 

ninore*   inchoa  flo\?in,"  from  tho  tunnol. 

0.  Do  you  rneim  anout  li:.H]^ 

A,   Tiii<,t  vriiB  in  18%;   jind  it   v-'aB  xn  1B96  thut  t;  d  riuit   Lund 

ron])an^'^  lat  a  contract  to  ^^r.  N/?,  f>tu>.oll,  to  rn^rove 

t)iP.  tuimol,  jiut  in  cement  uipe,  bore  ^telTf  fis  H'i  pj.t-  fit  at 

i>lic  northwesterly    tortion  of  tho  tunnel,   slt'c   to  rKcondruct 

tilt;  -Aork,  aiid  he  cornencod  that  yoar;   u'^d  I  don't  '-'now  that 

I  nonlfi  tell  wit>iout  lookirv  it  un  how  rnary    '^rilB  he  horod; 

hf'  borQc,   fmu-  to  five  uolls  mouj    ti.u  <^nd  of  the  hmnel, 

lUid  luid  coiient  nijje  in  the  tnnnel, 

0.  That  was  on  the  90  M.crc   tr^rt  ■..;.;5   if 

a.   I  Liiink  thoBt;   wells  ..'oxu  &11  hort»d  .jutJt    a',   the  north  vest 

iidf'py   or   11. Bt  off  the  90  ."cro  tract;   md  they  v.^re  all 

outbido  the  yO  bxjre  tr-ct  .    if  I   rt^''  '^hor  ri;?J>t;   v^'t:  cloee 

to  the  line,  horevtr.   ''e  mode  ix  coir..rac;t  with  the  con^.azyj 

thixt  liti  was  to  f^t  80   3uch  waiior  tit  Biich  und  euch  a  [irice; 

t}ia  hoet.  w«ill  >;o  bored,  ht   struck  v^^ut  • ;  b  kncvsn  nr.  the 

ntowoll   vvoll  ftt  ono  ti^io,   I  thinr:   .oil  *'o.    1  o  n  our  map 

^.ore. 

0.  Wo  Mctv  'Aunt  to  rrf'ir  *  ■--  tVnt  later  on:   *'•*-■'   if  ''ii.t   ie 

doai'^muteci  kb  ?io,  4  on  Plamtiffe*   Iix>'ibiL  1*^ 

A.  Ab  io  cullud  Woll  Vo.  4,  1^>6,  olcvution  1^90,  on 

Plti"intif-<*'3  exliibit  1,     T  Vn{;v-  Vi   v?oro  nftarl//  r.  "(jr  r  or  a 

year  >jnt'    a  iiulf  ^^ottJjv;  iii-o   un)  ".,11,   ,;i-win^  vHc  i,anr;el 

connoctod    -fith  that  ?'ell;   it  wop  q^'ite  «.  tcnJiotin  tack,  on 

account  of  tho  etron^';  flow  of  v/ater;  and  it  vrae  suopofted  to 


0 


1  DOo 


flow  -  it  wtt«  cQlod  a  one  liundrad  inch  well, 

Q.  Ahout  the.  tunnel,  aside  frora  those  t/t.lls,   jihich  ua  I 

imdory ound  fyoiti  you  v^oro  luroJ  to  iuifgaent  thn  flow  frora  the 

tiuinei,   to  \vr,;J,   eac -oni  cic    tlie  ^aiuici   stratar  dcsciine'^ 

A,  It  docliriBd  from  7b  or  V4.  incLce,   in  iO'vt),  to  about 

ii)  ^nchou  ui  16^6, 

(;;,  Xiion  iafijudu  froM  Uifc  viator  \.hich  in  fod  to  tha  tun  el 

from  'Afclls  coriroci/irxs  with  it,  hue  tVifc  tu/inol  ovt^r  iiro- 

duceo  binoe  th«.o  time,   smy  'Tc«r*j  tlian  say  1'"''  inchtb  of  v.ater'' 

A.  "io,   air,     I  can  aa-y  thi^t   from  the  rncaBiii'OMVjntib     txdo  in 

1":'04  tttid  i\?05,   of  Uio    rtuturi)  ilo.:iii|w;  ii)tw  tkc  l^uiuiol    >.t 

wliut  itt  kriovxii  aa  Weir  '■'  ftiid  4A,   in  Lhe  aJutft  at  tlio  uufjor 

oiiti  t)i'  tii«  i.uimtil  -  tvnd   vu  uiwaaurtid  trio  waour  uruiTi  i*.L 

UiG  ":ouUi,   ain.'   r,)ibr*>  wa^  f^eriurally  10  or  1     inch*  b  more 

at  tile  :  iouth  of  tho  liinnul   Ui^tn  v.iiurj  it  kvt.b  -nchf..ur«d  above. 

n.  Tiiat  would  l.o  tlie   incromont  of  tlio  tunnel,  letw^on  what 

70U  v.ijolo  Gciii  Uiftj  v;tjirB    i  and  ^lA,   nDil  the  nouth  of  the 

t'.ainei''' 

A,  You,   bir;   ttJAt  iiBO  woiild  includo  one  well,  v»tdoh  Ib 

woir  ;iO,  o,   in  1=  r.  i^oeu's  rmjaaurttienuu,    wiucii  ►;;tinerally 

flowed  frcni  two  ro  Uu-ee   xnch^s  of  \*ator. 

0,  J)o  you  know  anytiuni-  about  the  eubaeqUHnt.  connection  of 

ttio  tunnel    «.th  the  well  No.  14.  doBi^c;,tet!  h^^^re  on  tlie 

plaini.iff'8  (jxhihit  1,  hevcnd  vAiat  you  have  idrejtdy  seated  in 

dttBcribinfj;  that   ./eii? 

A.   I  iiavo  no  I.  doscribod  v/ull  l.o,   14  at  all;   i.t   was  fNtowell 

well  \io,  4, 

0.  YcH,  I  knov*,   t,}iat  ir  a  diffor«»nt  v.oll,   I  an  mcfuirinfi; 

wiiet'ier  you  knov;  anythin/r.  about  the  subsequent  connection 


lOi 


{{){)'^ 


of  tho  tunnel  with  well  >!o,   14,   of  j'^our  own  hnovledre' 
A,  I  knov/  the  well,  \ihich  vma  under  th»  control  of  th« 
Fruit  Iicnd  Hor^any;   they  hored  the  well;   the  ^ruit  Land 
Oorqjuny  bored  ??ell  Mo.   14,  under  >T.  Ftowell's  contract, 
])rob;.hly,  or  imdrr  hie  F.u])firviBion  at  lewt,  tmA  th«  tutanel 
wiiB  run  1c   "A-ll  *'o.   14,  but  they  failed  to  crot  thoro  durinicr 
tlieir  ov/norbhij-;  of  the  land;   Lhoy  failoc  to  get  Uiore,  t-jid 
t}iby  hud  to  rur  u  syphon  np  therft  to  leeeen  tl'e  quantity 
of  water. 

(■'.  ^'id  ^ny  of  thope  v;ellc  flow  L.t  the  Burface  of  the  ground'^ 
A.  Yer,   pir;    the  P^towell  -^ell  flowed  ovt  r  the  purftice  of 
tho  /9'ounQ;   I  don*L   think  I  would  dart;  stuLe  the  tsr.ounw  of 
T/ater  it  flowed,  but  it  floT\'od  v/ater,   quite  a  little  quanti- 
ty;  also  woll  VroTTi  v.E  ?.f;ll  ^'0.  l4  of  xhci  San  Antonio  Water 
Oorjipany  flowed  water  OTfor  the  surface;  when  it  ^as  first 
bored,  and  I  rather  think  acrao  of  the  other e  f loved  a  little 
bit,  03*  comt;  j-jretty  close  to  the  surface, 
'■\  Nt-v/  thtjn,   that  v,oll  Mo.   14,,  and   the  otowell  v.pII,  when 
tuj)ried  bj'  the  timnel,  -^on  reached  by  tho  tuniiel,  tVeir 
wator  was  drav.n  off  throurh  t>i<;  tunnel,   int«t,f)ad  of  at 
the  Biirfu-co*^ 
A.  Yep.,   cir. 

Q.  Do  you  know  if  tho  tunnel  '.faB  nui  so  us  to  make  a 
connection  T.ith  tho  T^towell  >,oll,  or  'oae  the  Stovroll  well 
borer'  in  the  bottom  of  Lhc  ttinntd'' 

A.  llo;  the  tunnel  wao  i-un  to  nakc  u  connection  Aith  it; 
ttiey  h?x'  a  p?-oat  deid  of  t!ifficuity . 
Q.  Do  you  imow  ^\ut  yuitr  tJiat  wae'' 
A.   I  tV.ink  that  I  coulc  ref«jr  to  the  dates;   I  have  the« 


10 


1  Of)  7 


1  hore  soraeisrhere   ;   I  don* I  see  anyt'iiiv^,  I  huTt*  checked   in  tr/ 

2  o\m  bookH  tiiat  refure  to  that;   it  whb  posBibly  *98,  or  *9^, 

3  or  I'JOO,   oiiti  of  thoae  tlireo  years. 

4  i),  Waa  tiio  otuv.eil   »/«j11  Cu-^Jiied  uX  wiy  time? 
A.   I  tiiinlc  not;   I  don't  want  to  etatd  iiositively. 
^.  ^as  the  v/oll  'lo.  1-.  Capped    .t  tuiv  ••-iir.e'' 
A.  Not  to  iiiy^  knowlodji^e. 

0,  Look   at  this  aarieisiiiat  elon,-;atttd  puijer,  and  which  haa  an 
inBcrii>tion  aiJi-arontly  intended  to  describe  its  charucter, 
elevation,  dd^^th  und  bO  forth,  of  woUb,  near  red  hill, 
rucanionga,  (lulii'orma,  from  tabulations,  und  so  forth  by 
K,T,  M'riii^it:   I'tato  whether  or  not  you  lume  this  pL.por,  this 

A.  I  miiue  it,  or  rather  it  was  .Tiade  from  nr^  data  xn  ray 
oxYici. 

Q,  Do  you  know  «Ai«thtjr  it  correctly  rapreaonte  the  data? 
A,  The  data  all  came  fro:n  my  note  bouk,  t?iken  from  teeti* 
LHOYij  in  this  Cfc-se. 

0.  V-liat  is  tiie  purpose  of  this  paper? 

A,  To  show  the  Tarioiis  voIIb  in  und  around  that  nairihbor- 
hood,   (dovation  of  the  nurface  of  the  land,  and  tlie  ele- 
vation of  Uie  water  m  tht'  vtolls  at  different  dates,  rela- 
tively with  oach  other,  and  also  the  depth  of  the  lells, 
from  the  testimony  given. 

0.   Foato  whether  or  not  it  shows  iJ.so  the  elevation  of  the 
top  of  the  well,  or  the  top  of  the  curb' 
A.  'JTioBe  elevations  are  suo(josed  to  be  the  ^^ound;   the 
elevations  on   the  curb  -Tiay  vary  ii  foot  or  so. 
^.  Tt  shouB  the  depth  of  the  wells'* 


11 


1()()H 


A.  Yos,  sir. 

0.     Vid  the  olovation  of  the   wator  in  the  ^vtjlla  at  Qw  datet 

wlien  the  obaervations  htiVb  been  testified  to  liere   in  tho 

oviduiice? 

A.  You,   Jiir, 

0,  Thu  firot  onti  h«ro  is  doacrihod  i.B  Uia  "ourwino  woll: 

WJifci'fi  ie  tho  fjourvinc   aoII  oitiutbod^ 

A.   I  don't  tliink  I  could  toll  Thhat  ^jiece  of  land  it  is 

aituatiid  on  hy  doBcrijjtion;   it  ib  ui  out  u  milo  noi'tli  of 

tiie  Buee  Lino, 

Q,  In  viuvt  diroction  from  lh;s  Cuca':ion<5a  Rprin/TB? 

A,  Alrioa'o  due  nortli  froni  Uib  (\icajiori^?;a  wpriivKS, 

Q,  riion  thd  tiliuet  ahowb  rtolia  of  the  San  Antonio  \  utor 

norrpttir^,     ovmed  ana  coni.x*olltid  hy  eaid  con|)ttny,  1,   ..  o, 

conaecubivoly   to  o  and  to  y:  What  vvellp  are  tliose' 

A.  Fron  one  to  oifijit,  would  })e  the  San  Antonio  v/elle  north  of 

Baae  Line,  known  txa  the  16th  St,  vella;  V  Mnc  o  tiie  Haakell 

v»o11b,   tiJid  b  the  J^ibio  woll;   tho  roet  doaifTiaLed  by  numburs; 

9  18  the  Saji  Antonio  Water  Oomphny  or  Ontai'io  Pov^er 

Oor^i^any's  wll  knov«i  ae  Mo,   14;   I  i.ut  it  Mo,  9  on  t^at  ratp, 

bocauco  I  Imd  it  9  at  one  time, 

0.  Tho  colored  horizontal  marks  on  thia  oia^j  indicate  'irfiat' 

A.   Indicato  the  dpoht  of  tl;e  wfcll,   and  the  blue  color  is 

Trhon  they  mc  filled  with  water,   BUi-i^OBed  Ic  hf^  ^^"    dej)th  of 

tlie   wll  full  of  water. 

C,   State  whether  tiie  riap  correctly  indicates  the  rolatiye 

riepthB  of  tho    aevortJ.  'rtells,   t)\at  h'.T<j  b«Mm  nentioned  ht  re 

in  the  oviaonce? 

A.   Yen,   sir;   it  ciooa. 


l^i 


Q.  Now,  these  Tine  roddiBh  imee  on  oMs  chi*rt  Indicate  vha" 

didtance  in  perjjondiculia-  olevuiion? 

atjcxEach  nforo.v  interval,   each  of  tVio  amalleBt  inteinride 

nnrkec  in  finu  rod  linea,   iiidicatoB  W^iat  distcjico  in 

pta^^jfsnciioul^tr  el  ovation? 

A.   Four  feot, 

0.   I  ohotjrve   tliat  you  bKow  on  bliie,  next  follcAinf/  tb.e  wtll 

No.   14,   a  ro^>roB(mtation  of  wtll  Ho,   1-:,  en  jilaintiffe* 

Kxhibit  1,  Lono  Stttx  v"olls:  One  fceenc  to  be  under  the 

firurc   "6"  under  rather  hold  letter ir^j;,  liixd  the  other 

under  fiQire  "1.1*:  7'hGro  ij-e  those  *c11b?  /.re  thoy  indicvtod 

on  Plaintiffs'  Fxhibit  l'> 

A.  They   ixo  I  trink.     And  they   tire  i;  and  o  on  plaintiff's 

PMiibit  1;  6  beirvv;  in  lot  11,   Had  an^^  Ji  "heins';  in  lot  12, 

^.   '^orth  of  the  Paee  LiBo'> 

A.  '^Torth  of  the  Base  Line. 

.   Pollowin;^;  ther  on  thin  diMf^.rem  a|)j)eaj*  to  he  re*fr<'ncea 
to  the  Cucrinonga  Water  Porapany's  welle  on  the  85  acre  tract: 
rviere  is  the  Sf)  acre  tract  on  Plaintiff's  Exhibit  l** 
-'v.   It  liec  below  the  Paso  Lino,   and  v;eet  of  i^ellman  Avenue, 
icid  ip  outlined  on  Plaintiff's  .''Exhibit  1,  with  tunnel 
runnirv;  northwesterly  throut-'i  the  tract. 
^.  ^'ovj,   tlit-n  there  are  three  of  thoce  well  a  which  contain 
no  imiioation  of  water? 

A,  Pecautjo  I  htx!  no  data  to  know  how  hif'h  the  water  stood 
in  the  wulln  a?id  fo  I   ('id  not  ;)ul    '">  "  "fRter  on;    I  h;id  no 
data  to  L-hov;, 

f\  Tliu  ntxt  is  I^ullnuii  well  Vo,   2^  the  woet  briinch  of  the 
Y  tunnel:  That  it;  the  well   i^'   '^^  i^'.  rtheaat  jtart  of  section 


1r» 


•10  Ml 


4  vriiioh  you  previously  desoribed' 
A.  Yes,   sir. 

0.   At  t}\f^  and   of  the  v/ost  pronf,  of  Uio  Y' 
A.  Y«r,   p.ir. 

("'.  Thun  you  hi<ve  arte^siDri  v/ell  Tlo,  2:  WTioro  ip  the  no- 
culled  artftsiajT  well  ''c.   2'> 

A.  V^eit  I  have  fJLso  described  today,  ae  hsinr  the  northerly 
inurt'  of  tho  90  'icro  -ruct;  it  is  a  t..«11  bor»d  ncij'ly  tv;(;nty 
yoyjTB  tjf^o. 

0.  F'.'.H  it  ev(-'r  h,  producer'? 

/'-.  Yet:,   sir;   u  sT.itill  producer  •  vur  the  Biirfax^e,  from  eic^it 
to  ten  or  twelve  inchoB  of  v/titf^r. 
'\  lid   it  ccotae  to  flow  at  any  time  if  you  know*^ 
A.   It  cua««d  to  floY.'  some  yeuTB  a;':o, 
'\  T}i;rc  ij'o  other  v.vdlfj  there,  Ontario  Power  ro'.:;jany, 
and  Cucanonp;^.  ^ater  Oorapaiiy,   ftcverid  deeirnationr  as  eliown 
on  Ih-:  ria^t  hand   r.ide  of  thic  fjhtset:    A'lv  c^nilrnction  t>i8t 
you   c.-m  ^al:(;   of  Lhose  c.a  to  viricrc  Diuv    lj*o  niLut.led'' 
A.  Tlioro  is  well  Mo.  -;,  knov/n  -n  the  Stovcll  -rell   in  18^6; 
t}ui,t.  ib  si.o.vn;   cJK-  tho  ugIIb  *''cs.   7,  8  «Jiri  9,   ar  ahor.Ti  on 
tliis  'aap  of  the  Ontario  Po\?er  Coinpaiiy  hf.re;   they   .>'ere  wolls 
bored    by  ^'r,  r>tov»ell  or  the  Cucfainonf^a  Fniit  Tsjid  Oonpany, 
prior   to  their  oellin--  tht    uro   ^rty;    ^d  t'c   otVcr  'Vftll 
Iso,  M,   thib  oto/vtjli  v.'f.li;    u-y  nojx  ip  Cucaijonv.u  ;-.c.i.ur  Company 
w<,'ll  10;   that  is  tuo  well  borof-   in  1U02  or  lyOo,  finislieri 
in  1904  I  kno>/,   and   in  in  tho  90   .crc  trr^rt,   and  rirht  ne{U' 
BJ.aft  4  fci?id  'iA,    -^riu  fioi/a  v.^loi    j.:ioo   uii-*.   hhaf  o,   into  Uiat 
tunnel. 
^1U  rr       .    :  You  utiy  that  wap  in  1902'^ 


14 


10 


A.  ly02,  190*5,  and  1904;   it  was  fmislied  in  1904,  connoctad 
in  1904. 

■Ji.  BiilTT,  Q.  Competed  with  wiiut? 

A.   nonnecto{i  with  the  tumiel  'io.   2,   tlio  muin  su,.:.'ly  of  the 

wutor  noii  i"io*iiif3  to  the  Cucw.ion(';a  Water  Co.qibny, 

}-'>\,  CHAT15AII,     '.   Are  you  not  mn^  ton  veiXB  in  ad'T;.nce  of 

the  tirae^ 

i\,  I  don't  t^iink  so;   it  i.aa  finiB>ied  four  yearu  a^';o, 

Wu  BRXTT:  Uia-k  thif.  ch,  rt  aB  Plaintiff's  >bchihit  ,6,.  for 

idontificcktion. 

i^i,  BKIxT,  0,  Luok  at  this  chuxt,  which  in  inefi'ibcd 

Ciictiiiaon^a  Water  Oorapany,  total  water  flov.in^  fron  .24 

iijcrs  tract,   Oucajonf*.  Land   ana  xrr^jo.tiun  CoLii^tny,  irora 

ntjaouroTiOiitB  r^^de  by  *Wrif?;lit,   f-'itzliu^i,  and  Boveral  others 

nuried  Uiere:  lUd  you  muko  this  chart? 

A,   I  will  anBVier  tlie  atime  ao  I  Imve  the  other;   it  'aub  made 

in  mj'  office  undor  v.vy  ch.ar£;e;  jutiin^^  Die  fifnjrea  and 

loiters  on  I  didn't  do. 

:  ,  V.'V.at  is  it   intended  to  represent' 

A,  To  ^graphically  snow  the  az'^ount  of  inches  flowing  from 

VW)  up   to  1907  or  1908;   I  tliini:  it  roachee  to  this  month. 

(,.   It  bhowB  the  viaximura  ant!  'lininnTn  of  wator  neosurod  on 

that  trtci    cf  land  during;  thoso  tirnee  doee  it? 

/i.  yon,  Bir;  thb  raaximura  was  in  1^90  of  ovor  bOG  inchei,  und 

tlio  niniiaum  wai.  iii  190a  L>m\  I'.'Ot,  of  two  tav}  Bomo  odd  inchea 

0,  TPhat  dooe   it  ahov/  relativf;  '.o  thw  date  o^  ohtervation? 

J\.   It  ohov.B  the  ctatee  and     ho  ohBerved  i-t  uach  of  the  times 

f^ivon  on  U\e  map,  sliowirv;  an  interval  of  '90  to  '94  of  no 

noaeurenento  ttikon;   tie  lorf;  line  botw.itn  thy  tvo  pointe 


lUl'-^ 


JUL 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


2  0  2  14 

";  ».  o 

<  u" 
z  *  5 

4.ii5 

la  <  jji 

_;  o  3 
0 


17 
18 
39 
20 
21 
22 
23 
24 


25 


26 
27 
28 
29 


sliowB  tlicre  was  no  raaasurements  taken ^  that  straiir^t  line. 

n,  ThiR  chowB  ariiphically  by  moans  of  the  line  to  i^ich 

you  refer,  not  a  hrokon  line,  the  lon^:;  coTiLi.':ucuB  linu  huro, 

but  having  a  fa>od  v\m\y  anp:len  in  it,   sJ-iovn.'  the  roBiilt  cf 

t)\&  mefi.surenonts  v.hich  are  tabulated  in  this  e^chibit  32^ 

A.  Yen,    sir;    and  that  Vo,  Z2  covers  then  all, 

Tlie  noiTIil',  '  ,  You  L-ay  tliis  lon^-;  line  indicates  no  ^eaBiirenent 

\71iat  ar(5  thoBe  figures  here** 

A.  That  i£  rainfall;  you  sec  t<here  ia  no  obcorvcr  nnd  no 

dute  r-.iven;   that  is  rjvinfall  for  t'  e  season. 

??!;.  BP.ITT,   0.  "Diese  figures  which  the  Court  cuIIl  your 

attention  to,   arc  thoee  in  the  horizontal  column,  "larked 

lit  the  left,  seasonal  rtiinftll  t;t  San  Bernardino' 

A.  Yeti,   nir. 

0,  Ho^A/,   thfi  dates  of  ohservatioTi  ai)pear  on  the  upper  mai'gin'' 

^.  Ygb,    air;   raid  tho  observer  on  the  lower  iiargin  on  the  left 

htmd.  r>hall  I  6X!)lain  it*? 

Q.  Yea.   I  would  like  to  iunow   -AitX  i&  maicateo    y  these 

a^iall  squares    raJirked  with  faint  rod  lines? 

A.  Y.iicli  vertical  square  mecnG  100  miners  inches,   of  tlie 

larre  squhres,    and  lon^^itudinally  thoy  represent  time, 

b«ir\/;  im  oven  apace  of  tirr.e. 

TfCIl  COURT,  n,  v!\mt  ie  the  period  of  time? 

A.  The  period  of  time  is  one  year.  Tliey  are  spaced  I  think 

exactly  for  time;  the  rainfall  is  ^ut  on  each  yeer,     Thos* 

spaceK  -'iTO  b'-.ovji  cxcxtly, 

liR.  BKI17,  Q.  But  that  is  not     so   nUi  t,ne  observations:   The 

observutionn  -were  not  tuken  on  the  8a*nt   date  each  yeitr? 

A.  ^'o,  uir. 


f,  ild 


f  lie 


16 


lUl 


Tlie  Court,  0,  You  referred  to  the  se&Bonal  rainfall:  From 

wiiat  timu  lo  v<lia.t  Lime  do  you  cor^jute  that? 

A.  I  tliinlc  it  is  Septenber  first  to  September  first;   I 

tliink  tho8«  are  tJie  cates. 

M\.  BlilTT,  Q,  If  aac     one  of  the  large  Bquares,  or  Bquaree 

nwked  with  the  htiavier  red  lines  represented  100  inches, 

euch  one  of  the  small  sfjuares  would  represent  10  ind'es, 

or  one- tenth  of  that? 

A.  YeB,   air. 

Q.   And  the  siJiaileBt  subdivision  then  would  be  wiiat? 

A.   i&'ould  be  tivo  inches;  because  there  are  fivu  to  a  small 

space. 

^.  TliiR  chart  will  show  graphically,  and  with  an  u^.proxi- 

raation  to  correctness  the  rise  and  fall  of  the  water  dis- 

cliargod  from  tliis  tract  of  land,   of  the  pi'operty  of  the 

QiCttiJonga  Land  and  Irrigation  Con^jany,   for  the  ])eriod  of 

years  coLifiencing  al:)0ut  IBiib,   to  1^06? 

A.  Y^«3,  air,     Tattrti  is  one  year  1900  to  1<j01,  the  v/ater 

shows  an  incr  ase  instead  of  a  continuing  goinfr  dovm,  owin^c 

to  the  devoloiJinents  of  the  Y  tunnel  tl>at  I  'lava  already 

referred  to,   increased  the   Jtater  for   tiiat  season. 

0.  There  seems  to  be  an  increase  between  those  neasurementB, 

*9t]  and   '^9' 

A.  I  haven't  got  any  data  with  me  to  know  >diy  that  waa. 

0.  W«ll,  about  tliat  time  was  there  any   work  being  done  on 

the  tunnel  No.  ii' 

A.  This  would  not  incluae  tliat  if  tliere  was. 

TTiE  COTOT,  Q.  Vliat  is  the  meaning  of  this  legend:   "i^imping 

wells  itl)ovo  Base  Line"? 


1? 


lot  4 


A.  That  ia  Bimply  during  those  years,  t>iey  -jwre  punping 

wliat  is  r.nown  as  the  San  Antonio  V<fci,ter  Coiqjany'B  wells 

above  the  Base  Line;   I  Biij;j.08e  that  is  to  infer  they  were 

taking  the  water. 

Xfii.  BKIiT:  We  offer  this  diagram  or  diart  in  evidence 

aa  Plaintiffs'  Kxhibit  No.  M, 

A.   Ctai  I  make  an  eaqdanation  of  that  statement  tiiat  I   said 

I  didn't  know  v.hy  it  rcised  that  year;  you  asked  rae  w^iat 

tlie   cause  was  and  I  told  you  I  couldn't  remember.   It  shows 

tlie  datoB  of  the  measurement:  One  was  made  in  July  of  the 

year  previous,   and  tho  nerb  in  April  the  year  following; 

it  hadn't  yet  got  sunner  time;  and  it  was  on  account  of 

there  1  oing  more  water  in  April  thtm  in  July. 

UR,  CHAI'J^AN,   0.  ?/hat  was  the  rainfall  those  two  seasons'^ 

A,  Vei"y  light;  between  seven  aid   eipjit  inches  both  years. 

Q.  That  is   '^6  and   '^9? 

A.  Veil,   it  shows  on  the  plat  there  that  it  is   '98  and  '99, 

Q.  Pot}'  of  those  measurements  would  be  included  in  the 

season  for  vdiich  the  rainfall  was  cora.  uted? 

A.  The  raeasuiencnts  will  show  tho  date  tliey  v/ere  taken. 

0,  You  say  one  was  in  Pepteriber  und   the  other  in  the 

following  April? 

IflU  BRITT:  He  said  one  was  in  July  and  the  other  the 

following  April. 

A.  Ono  was  made  by  Kr.  Trask,  io^iat  liHh,  imtt,  and  the 

next  -.vas  rru^xie  by  N.W.  Ttowell,  April  first,  Iti'a^, 

Ifli.  BRITT,  0.  This  other  diagran  now  s})oin  you  seems  to  be 

historical  of  the  flow  of  water  at  weir  No.  8:   Tliat  is 

water  of  the  creok  proper,   isn't  it? 


a 


lb 


n 


A.  ves,   sir;  meusured  at  the  end  of  tlio  50  indi  pipe  line. 

Q.  Whidi  ie  close  to  the  reeorvoir  tmd  near  Uie  brick  hotel*!* 

A.  Yen,   sir. 

Q.  T»ill  us  the  }jlan  and   scheme  upon  which  you  haye  ^ro- 

ceedod  in  conBtinictinf^  this  chart? 

A.  Well,   that  is  just   simply  graphically  drav/n  on  the  chart, 

the  measurements  of  the  water  dtdly,  meeisureiaentB  practically 

for  four  years,  nude  by  ?^arsh,   toetified   to,   «id  Reed, 

testified  to,   and  by  myself,   as  shov^n  by   the  tabulations 

already  introduced,   as  shown  on  exhibits  6  and  11. 

Q,  It  st^ows  conveniently  the  series  of  raetiBurcments  made 

at  weir  "o,  8? 

A.  Yea,   sir;   and  also  shows  the  rainfall  for  the  seasons, 

and  who  made  the  measurements,  but  it  is  all  taken  from 

tliese  tabulations,   as  far  as  the  meaeureraents  go, 

0.  What  does  this  broken  line  near  the  middle  of  the  chart, 

iihat  docs  that  represenf 

A,  That  purports   to  be  the  amount  of  water  measured  on  a 

vortical  scale,  and  the  inches  are  put  down  every  short 

8i)ace;   the  fi^^res  in  black  mean  miners'   inches  to  correspond 

with  the  tabulation. 

Q,  This  tf'Ows  f?;ruj)hically  the  variation  in  tho  measurenentB 

durin^5  the  time  you  describe,   some  four  years'!* 

A.  Practically  four  years. 

Q.   Is  there  anything  else  there  that  needs  exiilanation'' 

A.  The  last  end  shows  a  broken  line,  becwiso  there  is  a 

period  of  dates  from  June  6th  to  April,   IVO?,  tliat  we  had 

no  meaaur»»^ent8  at  all. 

Q,  It  IS  not.  only  broken  but  it  is  an  interrupted  line. 


JLiL 


i( 


A,  T^  is  iiot  oontinuoUB. 

0.  Wmt  makes  this  artraordinary  peak  here,  about  February, 

A.   It  vtiM  raining;;  the  proviouB  day,   and  ci.nsiderfible  viater 

Cfirie  down  the  pipe  next  day, 

(.},  Ihero  is  the  point  of  lowest  de])re88ion. 

A.  One  point  of  deoresoion,  May,   1905,  1.68;   I  t}\ink  that 

iB  because  water  ¥«,a  turned  out;   I  know  Uiat  ic  becuuse 

trater  was  turned  out.  Two  and  eif?Jity  aorae  odd  hundred tha 

inches,   is  the  lowest  it  was  ever  measured;   that   was  in 

Docfjrabor,  1904.     It  also  shows  on  the  maqp  the  dates  from 

the  testimony  of  the  pumping;  of  water,  of  the  wells  above 

the  Base  Line, 

^.  That  is  during  tlie  last  season*? 

A.  Yes,  sir;  durinfr  the  last  season,  no;  but  for  the  four 

years  as  shown  hy  the  map. 

Mi.  STEVENS,  0.  Where  is  tlmt  shown? 

A.  All  alon^:  the  line  it  is  printed  in. 

^m,  BRITT:   I  will  ask  to  have  this  narked  Fjchihit  6b, 

Q.  Look  at  this  chart,  which  bears  the  inscription,   "San 

Antonio  Water  f!oii5)any,.  water  flo'Ainfr  through  conent  shaft, 

in  tunnel  Mo,  2,  northwest  of  the  90  acre  tract,  from 

toBticiony  of  7,  E.  Trask,   including  the  water  from  .veil  V,o, 

9,  or  ^0,  14,  as  per  plaintiff's  Kxhihit  No.  1,  ajid  wells 

Noa,  4,  6,  9,   11  and  12:  Wiat  does  this  re})re8ont? 

A.  "^y  it  simply  represents  p^-aphically  the  anount  of  water 

flowing,   bJB  per    'r.  Trask' b  testimony  laat  Hay,  and  also 

sl^ows  the  d/ites  v/hen  the  pur«[)in/?;  was  K.oin!J:  on,   in  the  well  a 

to  the  north  of  the  Base  Line,  and  showa  the  fall  of  the 


20 


101 


water  durinn;  the     urn  ing,   and  the  riae  when  they   stopped 

piirapin^^  kbove. 

0.   And  the  broken  line  acroBO  the  rniddle  part  of  the  sheet 

indicatoB  wtiat? 

A.   Indicates  the  miners'   inches  as  per  '>.  Trask's  testimony 

at  the  different  dates,  as  ehowi  on  the  ris^ht  hand  margin. 

Mli.  SIWENS:  That  ie  at  the  top  of  tho  diagram? 

A.  Yes,  Bir. 

m.  BRITC,  0.  Now  this  flow  of  water  throurrh  cewent  shaft 

in  tunnel  No.  2,  northwuEt  of  the  90  acre  tract,  is  a 

diecharge  of  wator  from  these  v-ells  which  are  mentioned 

here  is  it? 

A.   It  includoB  the  discharge  from  those  wells,  and  any 

other  vsflater  f^ained  in  the  timnel;   it  is  the  total  a^iount  in 

t>ie  tunnel,   that  is  HUpj  osed  to  flov,  down  tunnel  ^lo,   2 

bolonfsing  to  Uie  San  Antonio  Water  Corniiany. 

Q.  What  if?  the  canent  shaft  in  tunnel  No.   2? 

A.  Well,   it  is  a  shaft,   I  think  whicli  was  constructed  by  the 

San  Antonio  \Wter  Company,   into   the  tunnel,  just  northwest 
of  the  corner  of  the  90  acre  tract  on  thtiir  land,  wid  they 
have  a  mea8ia'in/:r  box  and  a  weir  in  Uiere, 
Q.  Does  all  the  water  flowing  in  that  tunnel,   in  the  Eadie 
Tiinnel  or  tunnel  No,  2  pass  tVirou^h  tiiat  shaft? 
A.  No,   sir;   all  the  wator  supposed  to  flow  to  the  San  An- 
tonio Water  Co  pany  passes  t>irouf;h  tiiat  shaft. 
1*1^.  f!^TA^'MA>':   Did  you  say  that  was  the  San  Antonio  Viater 
Coinpany'B  lund? 

A,   It  nay  be  the  Ontario  Power  Comjjany's  land. 
!lli,  CHAI^MAl^:  We  object  to  oral  testimony  as  to  tho  title 


'A     IIOI 


21 


101 


of  the  land, 

TinC  COUhV:  The  objection  is  «oll   UJccn. 

Ml?.  PPITi':  The  evidence  in  not  offered  with  a  viev/  to 

allowing;  Lmy  title  lo  tlio  land,  but  ratlier  the  quuj:tity  of 

water  in  the  almft  at  difieront  times. 

}fR,  BRITT,  Q.   I  notice  there  is  an  inecription  on  thie 

chert,   •P\iTflnir)P-  continuously,   Sun  Antonio  Company's  wells" 

'x)\iin  tJiut  iu  followed  to  the  rigiit  ■  Not  uumj.'ud  'los.  1  to  8" 

and   then  it  the   inBcriittion  •Piinrjjirv;  continuouely*  and 

later  still  "Not  i^umjin*^":  From  what  data  do  you  f^et  those 

inscripLions? 

A.  Frora  the  evidence  as  presented  in  '^ay  last  of  the  dates  of 

the    Atriping  of  thooe  v^ells. 

<\  Now,  the  inequalities  m  the  lonf:  broken  line  here 

indicate  what,   where  it  rieeB  and  fails? 

A,   Indicates  each  time  the  meaBureritjnt  was  f.iven  at  the 

date,  and  I  drew  a  otraif^it  line  i-o  the  nojtt  tiato  of 

noasurer >ent ,  and   it  miJces  a  broKon  lines  all  top;ether. 

0.  "l^at  do  those  iire,r/;iilai'itieB  corrosijonc  with*^ 

A.  Correspond  with  Uie  araount  of  water  flov/in^  throuf)i 

that  cedent  shaft, 

0.  Now,  here  under  this  inscri^jtion  "Pumping  continuously, 

San  Antonio  Corat)any»i[j   wells",   thits  Ion*:  broken  line     stem 

to  8&{';  doisn  from  the  top  to  the  bottom:  V^'.at  is  intended 

by  that? 

A.  It  simply  shows  when  they  conmenc^d  iiunjidn/?  from  thoie 

wells  tlioro  was  2'dii  miners*   inches  flowing  throu^^  that 

oe  ent  shaft,  by  Vt,  Traek's  testimony,  when  th«yy  stopped 

piirarjinf^  there  was  121  miners*   indies  flowing  throu^  the 


Zii 


101 


cenent  abaft, 

Q.  Tiie  figiu'es  on  the  upper  ratiTgin  of  the  Bheet,   show  the 

dates  between  the  respective  entriee? 

A,  They  show  the  datoe  coneecutively,  but  the  entries  are 

shown  of  the  actual  dates,   as  teetifiod  to  by  ^fr.  '^raek, 

us   aliown  on  the  broken  line  itself,  as  testified  to  by  him. 

Ttiose  are  even  cionths  on  the  margin,  and  l^.e  did  not  meeisure 

at  the  same  date   every  month, 

Q,  Now,   on  the  rif^t  }iand  put  of  this  slioet  there  is  an 

inscription  "punii  ing  continuously"  without  other  explanation: 

W^iat  is  meant  by  those  words  there  as  pun^.in(-  continuously? 

A,  '*hy  it  is  meant  from  August  16th,   l'./05,  to  about  Novwaber 

11th,  lyOi),  that  the  wells  ehove  the  Buae  Line  were  being 

l»uiaped  evei^f  day,  and  the   water  fell  in  that  time  from  152 

niners'   inciies  to  116  is  the  low/est  point. 

0,  And  after  that  time  the  inscripi^ion  "not  i.urapinf^"  mofans 

w'at^ 

A.  Tliat   aa  tar  as  the  date  of  this  profile  is  concerned, 

there  was  no  pumping  done  after  that  date  above  the  Base 

Line,  and  the  water  rise, 

Jfii.  CHAPMAN:  Are  you  offering  those  things  in  evidence. 

I'R.  BPITT:   I  have  offered  two  of  them;  and  I  ani  goin/r  to 

offer  tiiis  one. 

}^\,  niA'^'AN:  Well,  I  object  to  it  as  inconvotent;   it  does 

not  purport,  to  be  fmyUung  except  the  artist's  presentation 

of  how  t}iu  evidence  in  this  case  will  look  when  depicted 

on  a  piece  of  paper,   to  u  distorted  scale, 

Tlie  Court:  ihe  objection  is  overruled, 

IIR,  Chapman:  reception. 


2iL- 


1 

2 
3 
4 
5 
6 
7 
8 

y 

10 

11 
12 

X  13 

•I 
z  >-  »-■ 

_  c  a  -  , 

S2?  14 


z  *  5 

a-  5  Id 


o 

5 

_:  O  3 


16 

17 

1« 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


'fP.  PRIT^:  It  is  only  to  faciilitate  the  digestia-  of  the 
figlirea  which  iiave  b<^un  introduced  in   avidence. 

(Last  c)iart  referred  to  fid^iitted  in  evidence  and 
raiti'ked  Plaintiff 'a  I'bdiibit  56) 

Jfl^,  BKITT,  Q,   I  think  you  stated  tliat  you  are  acquainted 
with  the  liindB  of  the  Ouctunonfra  Land  ^jnd  Tri'ip;ation 
Company,  and  of  the  Ouctmionf^a  Vineyard  Cora]jW»y,   and  their 
relation  to  each  other,  and   the  quantity  of  irrifi;ated  land: 
I  */ill   aak  you  if  you  made  thie  map  which  I  now  exhibit  to 
you,  or  if  you  know  it  ie  a  correct  loap*^ 
A.  T}iat  wuB  coiuod  uinply  fron  the  map  of  the  cotqian^ee 
property, 

f\  TT^o  wu  know  whether  it  ie  correct  or  not** 
A.  Yes,    sir;    it  is;   that  ixi  the  outside  lines  are  correct, 
tuid  the  vineyard  and   orchard  I  presumo  tliey   are  correct,   - 
0,  And  the   situation  of  the  reservoir,  and  the  orchard 
and  the  San  Borniirdino  road,    and  tiie  bridf^e  over  the  wash, 
tind  other  features  raurkcd  on  t)ie  map,  do  you  know  vyhother 
they  are  correctly  delineated? 

A.  They  ore;   also  the  two  pipe  lines,   the  16  and  22  inch 
pipe  lines. 

0.  You  speiik  of  a  ZZ  inch  pipe  line:  Has  that  any  connection 
with  the  so-called  if)  inch  pipe  line' 

A.  It  joins  it  at  the  lower  end  of  tlie  bO  inch  pipe  lin«, 
and  conveys  the  water  to  the  settlers,  and  to  class  A  and 
Class  B. 

().  And  the  16  inch  pipe  line? 

A.   Is  a  pipe  line  laid  by  the  Oucunonf^a    FVuit  Lund  ronqiany 
and  turned  over  to  the  Cucamon^a  Water  Cocapany.  to  carry 


'M 


104l 


t}ioir  o?io  htilf  of  t}io  \/ater  from  tho  Y  tunnel  end  the 

ciunc^^its. 

^?}i.  BRITT:  For  the  y)urpoBO  of  showinr::  noe  clearly  the 

uitut.tion  of  tiioao  Icjids  ralctive  to  ooch  other,  and  the 

uituation  >;f  tlie  pipo  linea  relative  to  tlie  v/ash,   the  road 

culled  tVie  San  P/ermiTdino  road,   ixnd  the  ?in«y&rd  of  the 

Qictunon^i^a  Vineyard  Oors^any,  tho  waatioB  wtacb  have  bot-n  re- 

forroci  10  here  on  this  land,  wo  offer  tho  diar^ratn  in 

evidence, 

^'ih,  CHAPM/l>I,  0.  T}uB  don't  sj'.ov/  tiio  entire  Cucarpon^  huicho 

dOMB  if^ 

A,   ';u,  uir, 

■">.  DooB  it  ahou  any  ltLnf<8  not  inaioe  of  the  Ciicaiior\i^a  Ranclio' 

A,  ])o,   Bir. 

^'l:.  BHFi^,  n.  All  the  lujvfi  here  delineated  are  within  the 

Oncanon^;a  Hancho? 

A.  Yes,   sir 

(?iap  Lija'ked  i^lointiffe*  Fxliihit  57,  juid  ttdnittod  in 
evidence) 

0.  BY  }'R,  rnilTx,  0.  Now,  reff^ri-in-  to  this  Plaintiff b* 
Exiiibit  No,  ^7,  you  will  nooictj   indicated  tli')re  location 
of  5?an  f.ernfirdino  roud? 
A.  Yefj,  Bir. 

0.  Below  that  is  a  syucb  which  ia  toiiXkbd  "Vineyerd":   r>o  you 
know  w}mt  tract  of  land  ia  indicated  o^  thin  ])lat  or  chart 
or  dn^-rum,   and   what  is  cailod  tlit  vineyaro   Ja^re,   fthat  is 
dofUiPTiated  «iS  vinwai'd''*     A, 
A,  Yea,   sir, 
Q.   i^hat  18  It? 


m. 


102 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 


r         13 

EU 

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-  I  (r    -,    , 

sog  14 
<:" 

7    X   C 

«.i  15 

n  <  ui 

-   0. 

-  O   3 

i"  16 
17 
18 
39 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q,  \7?iat  is  it' 
A.  SupiJOBod  to  be  in  v.nea. 
0,  Po  you  know  >/hat  f«n(.>^<nt  rhore  is' 

A,  I  Krow  from  Bcaiint%   I  know  i)rohtt})Ly  "within  ona  or  two 
jjorcent  of  t\\v.  \.oU.l  w\o\mt\   I  have  not  eurvcyod  itj  tiiree 
hundrod  acres  woidd  be  within  one  or  tvc  ucrce  of  connect. 
Q,  I'lo^^,   on  the  Isn*-'   of  the  Cucajionf^u  T,aj")d  and  In':.fi!;y,tion 
Comtitjny  tlioro  is  cjso  aoniG  territoiy  a  lareTitly  nurked 
"vine\'ard''  on  this  map?  Po  you  know  tmythinf-^  about  t>at? 
^,  V^.Q  '>vord  "vin'^^-'^jird"  crop.Lsea  the  lino,  inoludiru'  both 
Bome  of  T-hc  C!iicano-ig£.  Vineyard  Conpuiy,  ujic  also  Uie 
Oicanomra  Land  j,nr'  TJ'-i'i(?'^tion  Comjpfeoiy;   &jnd  there  ie  Tineyard 
on  both  portions  above  tho  ^jm  ",ern<.irdino  roti.d. 
(':.  Do  you  knov  Ahethor  t\vA  tcrritoi'y  liats  f-ver  botn  irri,";ated 
A.  |t  has. 
0.  \^inr(:)  from? 

A,  Tom  the  pipe  linoe  a?  eho  n  on  thifj  map,   and  also  from 
a  ditch  lyin«?  i^nediately  bolov.-  the  ki2  incli  pipe  lino  whidi 
was  used  by  the  Virayerd  people. 
0.  Prom  \^at  source? 

A.  From  tho  Oucanonp-a  ^reek;   and  that  iiJfidhB  lover  ditch  - 
the  u])per  one  runn  from  tho  Y  tumiol, 

Q.  Was  there  any  land  of  the  Curuaiion/^fa.  Land  uid     Trrigotion 
nonrpany,  belov  the  16  inch  pipe  line  that  tj&b  irri.c^t-ted  from 
tlie  Oucuinon^..  Sprin^^u? 
A.  Yes,  fiir. 

0,  ".^lat  was  it  nsed  for  v^hon  therw  was  Mater  for  irrigation'^ 
A.  Tliere  was  some  alfalfa,  icmC.  I   think  the  vineyard  reached 
a  little  above  the  linc^  of  the  2.?  inch  pipe,  linn;   I  am  not 


26 


M) 


1 

2 
3 
4 

5 
b 
7 

9 
10 
11 
12 
13 


Z  -  i- 

-  ■  "  1  1 
s  0=  14 


z  ■=  S   _ 

^.f  15 


O  3 


16 
17 
18 
19 
21) 
21 

23 
24 
25 
26 
27 
28 
29 


Biire  of  that;   thare  was  alfalfa  and  some  com,   and  Boraa 

(^iirdon  to  the  west  of  this  pipe  line, 

Q.  Do  you  know  whether  all  that   territory  which  is  repre- 

Bonted  on  thin  map  aa  holow  the  16  inch  pipe  line  wan 

irri^atbd? 

A.   At  vtirio\iB  tipiBB  it  was. 

Q,  Do  you  know  now  loiv;  that   irrif^ution  continutd  ruli.tiTe 

to  the  di8ap])ewunce  of  water? 

A,   It  continued  between  the  yeuTB  1W<7,  and  up  to  1900;  ho\pi 

□uch  lator  I  don't  know. 

0.  You  don't  know  whether  it  continued  until  the  water 

di8q)peared' 

A.  That  I  don't  know  much  ahout. 

Q.  V.hat  do  you  know  ahoul  the  poasBBRion  of  these  tracts  of 

land,  by  the  plaintiffs  in  tliie  caee,   tlie  Cucttraon,^a  Land  and 

Irri^ution  Cora}iany,   and  the  r'nca/nonr^a  Vineyard  ^orrpany* 

A.  Why,   I  only  know  that  w);at  is  called  the  526  txcro  tract 

bolon^^B  to  the  Cuoanum^  Land  and  Irrif^ation  Compaj\y  tram 

statemonts  made  to  me. 

0.  Have  you  ohaervyd  anything' 

A.   I  know  they  controlled  it;  the  Cuoamonga  Vineyard  Conpany 

waa  organized  as  a  con^^any  in  1895,  and  tViay  own  the  land 

marked  "Cucamonga  Vineyard  Coiqjany. 

Q.  I  waa  aakin^  you  about  ^  oaBeBPion. 

'IR,  ST?TENS:  PoseeBHion  and  use  and  control. 

(Question,  linaa  14  to  16  inclusive,  this  pa^,   read 
to  witnoBo) 

A.  Mr.   ^unriers  was  there  aa  aupwr intend ent  of  the  corrpaniea, 
and  controlled  Uiem  up  to  t}ie  timo  ''r.  Balch     came  in  aa 


I 


1 
2 
3 

4 

5 
6 

8 

10 
11 
12 

X     13 

St  r  >-' 
-  ■  "  1  I 
jog  14 

z  c  cc 

5.i  15 
5-16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


M 10  >  4 

miper  intend  ant  tV^9  or  nix  or  neron  years  if^. 

Q.  What  con^anies  do  you  Bpuuk  of 

A.  The  Cucuraonga  Vineyard  Company,  uni  the  Cucaaonf^  Land 

and  Irii,';ation  Company. 

0,  Sinne  their  orf^aniaation  in  189J)t 

A.  Tliat  was  the  time  of  their  or/a;ani»ation  in  1890. 

Q.  How  far  b.ick  doee  this  iJoeaeBBion  tliat  you  apeak  of, 

extend' 

A.  By  their  predecoat;orB  since  1B85. 

0.  Well,  by  the  coE^MinieB  themselTetT 

A.  ^'ince  they  took  pooBeaaion  in  1695, 

MR.  HASKKIiL,   0.  Do  you  know  the  land  deeded  to  R.T.  Rundle 
by  the  Cucu«nonp;a  Corapany,  now  ovmod  by  Matthew  Turner  and 
othere? 

A.  If  it  ia  the  Turner  <30  acre  place  on  Hellman  Avenue 
I  know  that  place. 

Q.   Ib  that  included  within  th<;  ext  rior  ^oundariee  of  the 
Runcho  Cucamon/^a? 
A.  Yea,  air. 

Q.  You  know  the  property  deeded  to  Patricio  Marsioano,  by 
the  Oucanonr:a  Toi^^any,  do  you  not? 
A.  Yee,  air. 

Q.   la  t>uit  included  within  the  oxt  nor  boundarioa  of  th.e 
Hunch  0  Cucumonga? 
A.  Yes,  Bir. 

0,  Do  you  know  the  property  deeded  by  the  Oucanon"T»,  Comiany 
to  MuBBelman  the  twenty   Mcre  tract? 
A.  Yea,  air. 


a) 


1 

T 

3 

4 


8 
10 

11 

12 

X  13 

•I 

Z  ^  K 
7  K  CC 

al  -.  5  l3 

» ?s; 

_:  O  3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


0,  T8  ttiat  included  within  the  exterior  bounduriea  of  the 
Runcho  Cucwi;on^';u? 

A.    It    IB, 

0.  You  hburd  tiie  teetimony  of  Oeorfr,e  f.  ^fuven  thie  "noming 

in  roforenco  to  a  cortein  40  a.cre  tract  dcbdud  to  him  by 

tiio  Cucttnon^^  Co::i]Mury  did  you  not' 

A.  Yea,  sir. 

0,   Ib  that  included  »ithin  the  exterior  hoimcl*a*ie8  of  the 

Htrncho  CacwioiigaT 

A,  I  don't  know;  I  wo  old  havt  to  ^.ook  at  M\e  map  to  feel  bure, 

CROSS  ^IXA'-IWAI'ION 
Iflt.  OlAl'MAN,  Q.  HaYo  you  'n)t  the  map  here' 
A.  I  tliink  I  huve  one  at  the  hotel  that  will  tell  that 
probal)ly, 

^,  ^0  you  know  along  w^^at  Bectiona  the  southern  bounc-ary 
Ixne  of  t>ie   Ouciinioriga,  Kancho  nma? 

A.  Not  from  neteory;   I  have  tliero  all  nifapped  out.   ilie  mh^  at 
the  hotel  I    .ill  bring  in  t>!0  "loming  and  hand  it  to  you, 
0.  You  say  you  can  brinjr^  it  in  the  raomiri^? 
A.  Yes,  sir. 

Q.  What  use  does  the  Oucwiorvy-a  T.and   <snc  liTigation  Coiapany 
moke  of  the  bZ6  ucre  tract? 
A.  At  present? 
Q.  Yes» 

A.  I  believe  it  is  in  p:rain,  raoet  of  it. 
0.  Irrigated? 
A.  No,  sir. 

0.  ?)mt  crops  did  that  oor|'uny  ever  raiia  upon  thtt  land 
that  required  water  for  irrigation? 


ay 


to  • 


*  1 


3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

.-     13 

m 

« ^  i  15 

a  <  jj, 

^   O  3 

:-i6 

17 
18 
19 
20 
21 
22 
23 
24 


25 


26 

27 
28 
29 


A,  Thoy  hac    blfaltu  un  tiiw  iuiic. 

(".    iViioroi-boulB'' 

(^ .    At  otj  ij.nj  ri«,-.r  wh-ro   the  ;il..cc   ^  ;d  vin.'  ;-rd   ij-t 

(U  I   nfnil.  'i*      I'll   vob, 

.;,     ov.  lo;!     cue    il-  ru  iun  ^horo'' 

/^.  I  should  tliir         •  oo  or  u  I  : 

0,  flon  vo'.i   a.i  .roxin!,.le   llifs   ij-our  .  L*^ 

/(.     I    GO     ':     U'l.iK    L'O, 

".  Houlr'  you  toll  ub  r  it  v.aa  un  txcrb  Oi  drco 

;.   vi-y  I  ooj  :c  ;    it    wiifm**  om;  )iiinc*r«id   tcrtttj;    i 

'..'  >."  o'''    iicre, 

ii,   IVu'-ub  y  cevt.Ttil   '.iT- op  th«i/ ,    bui.   1  lio    '  '   «■  oulf' 

1-(>]1     j..>!'.in  ^ifty  p  Tc^Tit  of  it. 

r.  Hti'/f  "ou    o"*"  "i'-»<-  n  '  ov^-i-fin  ."''■"'■■  ..tiun** 

v.     'or,  unlcBu   I  htivc  eori«  old  n^  it;    I 

('on't  ':now  th6.t  I  over  mP'-f'T'Ti  it,;    m  *"         .  I  never 

tlio;    unlcBK  norno  old  "iij)  ■  ub 

tillod. 

(|.   \hun  wtLfl  that  tdfiilth.  Q'or-n     on   ^h"  tract  of  j.   ■     ,    ^i 
i.outhttuctrrn  par  ^-'!'~  ' .  u  c. - 

\   I  t»in     ^Z  rly  p-  a;   bt  no  date 

■)r  it;    'Jl,   'yi!  or   '      . 

,   7  i:    '  ^  <it,  .*l*'alfb.  j.atch   the   only  cioio  cuiwivautt;   i^    l'o 
..1')  i.\..'  .•  '  ,        >.        >d  Irr 

t'  ut  roquuttu  wutnr  for  irri  -it  ion' 


•db 


1 

3 

4 

5 
6 
7 

y 

10 

11 

12 
X  13 

m 

«  ^  •-' 
« -.  S  Id 


a  < 


in: 

O  3 


16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A.  Well,  t}'«7  had  a  n  ina  rarden  t>tore  for  noma  years  that, 

r«quir«cl  irri^;at/ion. 

Q.  IhrroaboutB   «* -a    .iiu  CiiAria  j.';artitjn' 

A.  T>iat  wafi  eouthwowt  of  the  cienefa  by  the  Y  tunnel, 

Q.  Tlial.  ift   t^io  Btine  one  thut  ^laa  hoen  B]»oken  of  frequt-^ntly 

in  tho  course  of  thia  trial' 

A.  As  the  Oiiria  Bprinrs;  yts,  nir. 

.   About  how  t!ia!iy  ucres  did  thw/  hare  ir  rult.vtition  i>ere' 
ii.  So.iewtiera  between  ir*  and  oO. 

0.  I'hat  ic  all  in  cultivation  now  in  »o'not>'in^  blse  besid*! 
\PB^(;etableB'> 

A.   I  bt'liovi^  it  IS  m  pcrain;    it  ic  no;    irrjtf;kbed  now  I  know. 
Q.  Well,   in  the  Cucwnorva  Vineyard  Company's  lands,   is  there 
any  portion  of  it  except,  the  500  acreB  of  vineyard  that  is 
in  cultivation  now*> 
A.  Yes,   sir. 
C.   In  vaiaf* 

A.   In  vineyard;   tliat  oOO  acres  represents  the  vineyard  south 
of  "ohe  San  bemai'dino  road, 

Q,  How  r'wch  has  t>ie  Vineyard  Hompany    -ot  north  of  the  San 
Bomardinu  road** 

A.   I  think  tiie  vineyard  Comjjany  own  between  i^O  and  100  acres 
north  of  the  San  Bernardino  road. 
n.  Alto^etlier*' 
A.  Yes,    sir;   alt  'futhor. 
0.  How  much  of  ii.  xn  vineyard'' 

A.  Probuhlv  SO  or  60  ucros  V\  vineyard:    I  couldn't  tell 
you  oxactly. 
0,  When  set  out' 


liJ 


JiL 


1( 


Z  -  I- 

_  C  K 

a  3  3 

<^3 


1 

3 
4 

5 
6 

7 
8 

10 

11 

12 

13 

14 

15 

16 

17 

18 

)9 

20 

21 

•^*# 

23 

24 

25 

26 

27 

28 

29 


A.  Somti  elf'^t  or  ten     ears  bJ^''o;   poseibly  IZ  yeurt  «t^;o. 

0.  That  would  take  us  hack   to   '96  about' 

A.   It  nipfit  h&T«  be«n  soneftiiur  s  <.lca^  ihose  vetj-B. 

0.   And  11  has  boun  cultivated  ort-r   cince' 

A.  Yen,    sir. 

0.  Ihere  do  they  ^et  wat»  r  for  irrif-ution'* 

A.  I  don't  think  Uiey  huvo  hi*d  water  to  irri/':ttte  it,  for 

tliree  or  four  yenrs  at  all, 

f\  Ifhare  dif^  they  p;et  water  on  -iTially  for  in  i^^tion'' 

A.  ?rora  the  16  inch  pipe  line  fro".  the  Y  tunnel,   «oif'   fro<u 

the  .-iO  inch  pipe  line  conun.-  fro')  the  cronk  water. 

(\  They  frot  one  half  of  the  v*at<,r  from  the  M  inch  pipe 

lint  did  they' 

A.  Yen,  elr. 

Q.  V/yiat  proportion  of  the  water  cofainp-  from  the  Y  tunnel' 

A,  One  hal*;   that  is  one-half  helom'ed  to  the  Oucarionra 

Vineyard  Cofipany  and  the  Cucaion^^  Land  end  Im^tion  ^od^ 

pany;   uno   the  nuc6rion^|;a.  Lajid  and  Irrifj^ution  Oomjiany  owned 

one  fo\irth  and   the  Cineyarf?  Oorajtanr'  owned  ">^hree  fourths 

of  the  iialf . 

0.  Did  tlie  flucaion^a  Land  and  Irrif^ution  Con^any  UM  that 

one  fourth  unywhtrw' 

A.   I  presume  they  ustd  u  portion  of  it  #itin  they  irrit^ated 

thuir  own  land.     Mow  t>ie^  divided   it  -  the  etuv    oupurj.nten- 

dont  nj.na;;ed  both  conpaniee,   or  both  jieoee  of  land. 

0,  '^ot)?  t>ie  QicafDon.iiia  Vineyard  r'of»n)any  and  the  OucimonKa 

Lu/id  t»ntJ   Im/i^^ation  Porapany? 

A.  Yes,    sir;   the  sune  nan  was  sup- rintnndent. 

Q.  Vho  kad  control  of  the  waters  from  the  Y  tunnel' 


o'^ 


10, 


1 
2 
3 
4 

5 
6 


10 

11 

12 
13 


<  i  o 

2«g  - 

M  jI  l3 

a  <  J, 
-■  !f  2 

^  16 


17 

18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A.  Tlie  Buporintendent  of  those  two  corjioratione  hud  control 

of  the  half  of  it,   uid   ttio  r'ucaor:  -ti     at^r  ^om^ttny  huiri 

control  of  the  othur  half. 

'\  ^ff\wre  was  th«  half  that  th«  Wator  fomnany  hod  control  of 

t liken  to? 

A,  Throuf^  the  lo  inch  iJii>«  line  to  tKo  rescnroir  about  a 

qiutrt«r  of  a  nile  east  of  ^'oilman  ATenue, 

0.  ]'OeB  it   evrr  unitoit  with  *Jio  watura  of  the  160     nrh  pine' 

A.   It  would  -.inite  if  it  was  taken  in  the    apcB;    thu  i>i  co 

ui'e  connocted,   to  flow  on  down   throiif^i  the  oaio  j-ipeB,  hut 

not  on  that  trac^t  of  l<ind, 

Q.   iTiey  jwre  connected' 

A.  Tliey  were  connoct«d  xxJdix'kkiix  in  the  liter  To'npuny'B 

pipo  systen. 

0.  The  Ouca  on^?;a  "^Vater  Company  etiil  control  that' 

A.  voB,   bir;    there  huB  been  no  watur  in  it  for  four  or 

five  ye<irB. 

Q,  *io  water  at  all' 

A.  Hot  a  drop. 

0.  Fron  Uie  Y  tunnol' 

A.  "o,   sir;    not  a  bit. 

'},  Nov.,  yuu  B' oak  of  t)ie  cultivation  on  these  lands  of  th« 

Ciioafflon^  \^ineyard  Conpany,  Ahat  tliey  \t«ro  all  cultivated 

at  tinos:  lid  you  raeun  all  of  it? 

A.   I  didn't  moan  ull  Um  ciene(';a8;    i  meunt   all  below  the  16 

inch  pii'e  lino,   tjw  w^'at  was  not  too  htr   with  cienegaB, 

BOuthwnst  of  the  lO  inch  pipo  line   ub  far  us  the  creek. 

Q,  Wae  it  all  cultivated  ^t  one  1 1*^0  or  at  different  times, 

or  partb  t-     uno    .i  o  und  partB  at  uiiuthur? 


M 

V 


ill 


;-i;i 

io;i« 

1 

A. 

I   uon't  fjnort;    I     hv\k  that   bomo  yuara  'w'.uy  cultivated 

2 

11. 

all. 

3 

0. 

In  wViaf 

4 

.V. 

A  lur  b  portion  ol'  it  v.u-  Ic  be  in  c-ruin. 

5 

n 

• 

Kr\t'  that  thtr/  don't  irriprute'^ 

1) 

A. 

Jio^    (  IC    i.oi  tu  ^  louih  when  thty  hac!     lunty  of  water. 

7 

0. 

'<nt  tiJioy  don't  now" 

8 

1  * 

f'O,  eir;   they  don't  now, 

''i)\-,   I  buliovc  j-ju  paid  tftat  v^     r  •.'istriction  cf  th©  Y 

10 

UiiL^ttl  \/aB  •          '  rod  m  V'f'C** 

11 

A. 

Yet.,   tsir. 

12 

0. 

/,nct    t;-.'m^  Xv, '■•  c    nl'v^ui/    i-x     li? 

X     13 

■1 

K. 

^/trll,  it    iif^  t  hayo  been  tj^.o  l;Atfcr  _»»art  of  'f  7,  hut  it 

s  0  3  14 

<  io 

i:. 

-♦'l  V.^Te  nm  irt  \m  *f3  ;   wi^hin  twc   vflarM  it  -.ran  ron«)leted 

ui)y    ..  Oy  . 

-"  ?  2 
i     16 

9 

■   • 

Arout  MiJitt  v;{v8  t}ie  lo'iA-^h  of  t)  e  Iwo  branrhne  o^ 

17 

■?--UTinc"    -.h'Ti  iz  \;.:i.i:   c     :■  let,- d'' 

18 

i\. 

in  Uisf  xsci.^'iajuinu..u  oi   i"..vi'  .'-.:, ttmc   iuol  rt«ujh. 

19 

'.'. 

I  UTidtratumd  you  to  8poa<  of  1             Ojjdn  j^-inted  /ip» 

20 

iv. 

fe  I  lene^-a  t^ero:   V 'mI    ricm:;';!   ..^.p  j  t.  -f^at,  tho  o--.an  ■'nintod 

21 

jix^fe  Vu.8  ltt.j.(    m? 

22 

A. 

It  wuK  tlio  cienop-K  i  ,  od.                     -^  of  the  mouth  of  the 

23 

J. 

ur»»  ,  1     ».   BUoim  en  lilamt  ffn  T^lxh:..'  it  fJo.   ]. 

24 

W* 

.;o'..,  -..iiuro  18  that?  You   Sit.>    i-    ib  coutii  of  tn*  Y  tunnel, - 

25 

Of 

Lhf    louUi  of  tiitt  Y  tunn.  1' 

26 

A. 

/e:i,  »ir. 

27 

Q. 

About  iiov.  iitr  tJouUi*^ 

2S 

• 

As  n'  am  on  *''.i.fl    up,  it  i»  bc                '"                  ih8  aouth 

29 

OJ' 

tlio  Y  to  liitirc)  in  ttu^rtced  ciftntu?;a;   this  map  wan  made  in 

1 

2 
3 
4 

5 

6 

7 

8 

9 

10 

11 

12 

X     13 

2   ►■  >-■ 

1  -J " 

^  "  5 

fjiis 
-  *-t 

_   O   3 

E-16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


.M 

*\K'  or  1900. 

0.  Wj.;.  the  outlinn  o^  t.hn  rlenaga  rii'*fer'?nt   al  ♦Jic  tine  t^^al 

Y  tim'nol  wBLfl  roneiiruc^ud'^ 


A.  T>iorf  -.voB  more  cicTi> 


^-00(1  real. 


A.  v-oH,    bir. 

0.  ^^ow  OT-inh  ncu'cr** 

.  .   Clcij-  to    it. 

n,  ''liero  waB  Uib  o]Jon  joinlod  '.n.xa'^ 

A.  >Yo{.i  the  iBouth  of  the  tunnol  Bontherly  ae  nhovri  en  this 

"i»t^,   to  u  point  intJ*kt»d  BhJici  Vox,   olovatioji  ii>.^. 

n.  ThfM'n  did  it  diflchar^?;e  '«ator  w>iich  miA  collected  hy 

t>u.t  pi.e'^ 

/».  YiiP,   sir, 

0.  ^>ion  ^TuB  that  open  iointeo  i/ii  <j  laid'' 

A.   I  coulon't  tell  i<(iiflth«r  ix,  wua  in  ';  V  or  *ho, 

n.   I^i  wao  a^io»Jit,   that   tirno*? 

A.  "^efi,  eir, 

0.  ''on  lovy*  ?!ftor  ^^^'^  O'on  ioinlfd     i   e  rtf?  l.-ur   vas  it, 

boforo  y^ui  obBervru   .:^^-  effect  u^jon  bh<-  '•icr^'';a  i.-JKie' 

A,  T^^e  lov/er  uwt  of  Vjie  pipe  ntiTor  did  ai"f«ci^   '.he  ciwnof^a 

L'uid,   or  the.  cifmora  iran  rot  uffcctod   'n  th«  lower  portion 

of  it;    It  tirian  \i,j  ti:v  up  <  j"  poji.ion     ue^.-iun   ur.'j  yeuro   '67 

tmd  I'.'OO,  h^ra'ne  ..1,  -.tub  «ill  dr>   in  VjOO,   tu  -:  the  point 

n.'.rkod  riion    -s  -jn  thin  na^)  and  t}  o  -louih  of  f^c  ttinnel,   bimI 

t)iore  '-lir   cicnf^ra  '•.  .ova   in  IH'''/,   Lhuit-  mao  rjuaii   narriir*' 

wutiir  from  the  cmno/n*  i;,h<  If  into   'J)ir  ju.m-  i.j"    >ox;   a 

nuturfil   flm.  of  water. 


M 


i  ■ ' 


1 

2 
3 

4 

5 

b 

7 

8 

9 

10 

11 

12 

X     13 

M 
*    «    ►■' 

S!ii5 

a  4  ui 
i     16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


A.  ho,   nir. 

0.   It  ifl  idl  dried  ujj' 

A.  Entirely  oo. 

^,  And  hhoui.  y^hat  tiiae  did  it  dry  up'' 
ii.   I  (ion't  rinovk  that  I  know,  except  it  was  all  dry  In 
Jimuar\',   190^t,   ubeolutaly. 

0,  Vaen't  U'.cre  a  twry  cii^rkod  differonco  before  1:'04, 
in  the  (woimt  of  wator  that  was  flov«iarr  in  that  opon 
jointed  i'xuy.'^ 

A.  Tlio  o])en  iointwd  pipe  also  conducted  the  viater  of  the 
Y  tunnel   vp.  "wrll, 

Q.  You  ii,-.j    u.-ii^ro  liiiU  boen  no  water  flonin-  from  liie  Y  tunnel 
for  t}u*«ie  or  four  or  fire  yojira'' 

■.   "ot  for  ^  he  pai't  throe  or   four  or   fiye  "f-arn;   no,    eir. 
Q,  Did  the  ci.onui;a  dry     )j  p;i"aciially  after  yuu  iuio    u.':ut 
cj,)en  iointod  pipe  in  there? 

A.  The  cienur-j.  bor-n  ^o  dn;  uo  at  the  uu^er  end  of  that  oven 
joinx.ec  px^",   bucuuue  ii.  v.ae  ao^.-n  lU  or  i:    or  L,  f  ^  ut 
bolow  tho   mu'f  (^cf  . 

(^,   Tt  was  •  ut  thuri";  *.o  dr-in  '.hi-:    -iRit..;rn  fror^  tb.t  ru'nojf^a 
v,'iUin*t  It? 

rt.  ,,eB,   Hir;    to  collect  tliu  waters. 
0.    Am'    i^    f'ir'    ir.9 

A.    ^t  (ixc    it. 

0.  ?roTn  the  nouth  of  tho  Y  tonr-el  down  to  the   eand  box,  did 

t)io  waters  of  \.\\e  Y  ti  nn<tl,   r,r\r   iv.«  u<nt«r«  collected  by  the 

o]ion  jointod  ,)ij.e  have  t>'  i.  (-ont  uit^ 

A.  Yes,  sir, 

Q.  Tlio  waters  from  the  Y  t\innel  flowed  throuf^i  the  open  pipe^ 


^ 


1(» 


1 

2 
i 

4 
5 
o 
7 
8 
') 

10 
11 

u 

.-  13 

al 

Z  •-  H 
-IK-, 

S  ?  3   1-^ 

z  «  5 

^.i  15 

-  O  3 

r  16 

17 

IS 

10 
2(» 
Jl 
22 
23 
24 
25 
26 
27 
28 
29 


A,  Xoe,   nil*.       'Hicre  wfo   r^l^n   nno^^'-r   •■•'^  ort  riio  line,   of 
ptirhapo  40  or  'jO  feot  oiuy ,   Viiu,\«  nuiu'  ^'uura  ;»!.  u.«» 

lovyer  ond  of  the  cien»Jf;a  and  brourjit  11   into  tho  euno  Vox  - 
v/*iat  ■vu.tcr  did  rt'it  rvt  into  that  o-jan  juintod   .;iT)c. 
0.  You  cay   t^i^ir-j    .'.l.b  t-'io^-nur  oi''**:  ^^ftS  thut    sIbd  oijcn  j -intyoa 
A.  No,   B;Lr;   a  tig^t  pipe  {/)  or   '0  foot  lor  -,   on  iron  pii^e. 

A.   .-ru::  Lzi',*  uiiTA    f)uz   m    .  ft08t.erj.y  nil  uct^ion  ini-u    v  e 

rinni  /-u^  jiifit  to  nolTert  tho  rvetern  of  Ibo  rienora  that 

did  not  'nt   into  tho  oi;en  .ioin'.eo  r:i')a, 

Q.  lie   At  collact   i.nti'A'* 

■\.   It  collected  viiul  c.vit-  do'vn  th«pe, 

Q,   Anr  crried   it   intn  *>in  eanri  hex? 

A.  Y30,   r.ir. 

r.  ^Von  wa9  tJrat  pipe  lidd*' 

A.  The  Uitrie  yi;-'«r  in  1''.^'7. 

0,  rid  you  rmko  »iny  neattiLref^tints  of  t^e  vrater  ao  Uiia  sand 

box  then,  fcJTtor  the  work     ae  done,   the  Y  tuiir.il  conBtructed, 

and  f^o  optin  pii-o  laid  ■Uroi'  -^    '^e  fu«no^a,   und  thic  other 

pipe  IJ^at  you  epo-.k  of  40  or  10   foot  lon^'-*' 

A.  Yeo,  flir;    ''hey  nro  tabulated  «inc'  mtroducec. 

0,  Coulo  you  toll  UB  the  datea  vhen  you  firet  be^':un  U>  maka 

Kraeui'tf.ionOij  of  tht^t   water? 

A.  The  firct  njeaaurtt'ont  I  have  cf  w^  ovjn  .iork  is  July  loth, 

Q.  How  nucb  '^oit^fr  •.  ae  ut  th.e  uund  bcx  then,   flowimr  from 

tho  Y  tunnel,  with  all  of  ita  auxiiiuritu*^ 

A.  16o,(>7  inrfitB. 

0.  "rof»»  '^lat   ex  ibit  now  art  you  re/idinr,  or  to  uhat  did  you 


3V 

1 

1 

ro 

rer'> 

2 

A. 

I  tiiink  it  it  Fxhibit  oii;   tliut  wae  t.}!c   fiiat  one  introduo<»d 

3 

xAi 

is  afternoon. 

4 

0. 

Thrn  «fta  the  nej-t  "letriirmient   Ihat  you  madf  on  thftt? 

5 

A. 

I  may  hfe.Te  riade  'rwMinremyntB  bet  ef«n  timoe;   the  next 

b 

ncjtuuronen''-   tlmt    I   litiVo   iiti^ouctc    ■iiiu   tcucixioc:    to   ir. 

7 

July  l-ith,    1/;V0. 

8 

0. 

I'O  vou  krow  whfn  th«  Vndie  Tiinndl  ".Titft  conbtnicted'^ 

y 

A. 

Coiir.onc«.u  coneUiic'.ion  in  J'ino  *Ho. 

10 

r 

• 

To  whit  len/;.-t)^  dici  thej'  conctruft    it  lie  fore  work  coaeed 

11 

on 

It  at  all' 

12 

ii. 

{'oiicLlunii   over  null    a  r  ile;   probuhlj   x/i    .no  nci^borriooa 

X     13 

•1 

of 

5000  f     ^. 

-  -  ='  1  . 

0. 

By  Uir.t  cc54;«uij  «»«  that  writ  done" 

i:ii5 

a  <  uj 

A. 

Djut   .juri;  tms  r?6nt    y  the  Cuc...'non.-',u  vruit  Lund  Company. 

-    U    3 

r  16 

0. 

And  nhat  year  was  it  coffipletoci  for  that  dxBtsjice' 

17 

A. 

In  the  year  'vO  or  *9l;    it  vma  t>  rne  or  four  y^wa. 

iS 

0. 

Tlion  w)iut  itaa  riono  with  rer''fird  ^o  it** 

1') 

A. 

Abaoluteiy  nothing-'  for  flvo  y.  jtb. 

20 

0. 

las  any  wator  flowing"  frori  11.  durin^:  that  tL'je" 

21 

A. 

lator  ivaa  flo^inf  LV'rourn  it  all  that  time;   the  I'.ir^'.eot 

22 

in«»a«ur«i«nt  is  BOBitthiiv;  like  74  or  7!)  inchoe;   in  four  or 

23 

five  ;.^arB  it  had  nun  down  to  L'  inclibP   rsw   ..  friiction. 

24 

U. 

Hoir  a»ich  die  vou  aay  tJi<^r«  was  at  firet* 

25 

A. 

7'^  Inr'T^o;  not  ai    first;   after  we  ^t  in  Xva  or  Uireo 

26 

tlioueuwd  fu3t. 

27 

0. 

By  the  tlwio  /ou  Itad  caused  ibe   Jtork  th©  firrt  time  on 

28 

Wi.At  timaol,  you  hud  aHicmt  7ft  _nc!,«ti  of   wktM*? 

29 

A. 

Yes,   air. 

3 

4 

5 
6 
7 

8 

10 

11 

12 

x  13 

w 

Z  •-  H 

_  c  or  ,  , 

sog  14 
--^ 

2  *  f 

M  -  i  15 

_  O  3 

r  16 

17 
IS 
)9 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


^ 1^> 

IP — — _ 

!|9.    And  then  it  ran  down  to  about  16  inches'' 
A.  YdB,  Bir. 

.  When  did  it  run  down  to  18  indiea' 

..   In  **j6,   about  five  or  ax  yeura  later. 

Q.  And  at  that  time  sotao  oUier  work  was  undertaken  you  ■ay'' 
A.  At  that  time  commenced  to  improvo  the  tunnel  by  cleaninf^ 
it  out^  and  horin/^'  wells  at  the  upper  end  to  increase  the 
wat«>r  ttup^jly. 

0,  Did  you  do  that  or  was  it  done  under  the  Stowell  contrart' 
A.  Under  tiie  Stowell  contract,   the  Fruit  T.and  Company  let 
tlie  contract  to  do  it. 

0.  When  Stowoll  had  done  that  work  what  was  the  increase  in 
tliat  tunnol'' 

A.   Includii^  the  wells  that  he  boreo'' 

0,  Yea,  the  water  frcm  the  wells  was  put  in'-o  U\u  tunnel. 
A.  I  don't  think  I  could  state  that,  because  I  don't  know 
juot  wJiat  tino  the  \fcenR  were  cut  in,  and  I  havo  no  measure- 
nents  with  me,  ejccoj/t  conuinuinf;  alon^:  from  year  \.o  year. 
0.  r'an  you  point  out  on  this  rasp  No.  1,  w^^ere  those  wells 
were  constructed  by  Stowell? 
A.  Yea,   sir. 

0.   I  wish  you   ..ould   show  us  the  place' 

A.  ^Tiere  is  one  well  constructed  just  west  of  the  northwest 
comer  of  tiie  VO  aero  tract,  marked  well   -lo.   7. 
0.  Isn't  it  a  little  south  of  the  northwest  comer? 
A.  Yes,   sir;   south  and  west. 
Q,  And  just  outsico  of  the  90  acre  tract? 
A.  Yes,   sir;    there  was  anoUier  well  iust  south  of  that,   BQd 
narked  on  Plaintiffs'   esdiibit  1,  well    'O.  11. 


■I 

z  •-  >-■ 

-.  E  Z 
III 

-  O  3 

-  m 


I 


I 


1 
2 
3 

4 

5 
b 
7 

y 
y 

10 

11 
12 
13 
14 
15 
16 
17 

IH 
)9 
21) 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Jl^ 


I  iJ  >■ 


Q.  Vere  thuee  welle  sunk  ubuut  the  uitin*  tim? 

A,  !^o,   sir;     bout   two  years  uj>art, 

Q.  Vihich  waa  utie  fir  at  one'' 

A.  well  Vo.  7. 

(:.  Tliut  ib  uoareBt  oo  Ute  northweit  corner  of  the  ninety 

acrti  tracf 

ii.  Y»b,  air;  there  wae  also  well  No.  4  on  the  seae  exhibit 

una   BunK  in  Ibvo. 

Q.  By  Stowell'^ 

A.  By  U,  W.  Stowtoll,   and  was  known  ua  tlie  Stowell   ./ell 

ao  it  was  the  lar^et  one. 

0.  Wa«  that  the  second  or  the  third'* 

A.   I   tliink  that  was  the  first. 

Q.  The  f^towoll  well   aub  the  firsf^ 

A.  Yes,  bJLi*. 

0.  Anri  you  say  this  was  ratjrked  - 

A.  Yea,   air;   well  *Io.  4. 

Q.   Can  you  reiunber  about  wlien  tliut  well  was  coni|jlotod'' 

A.  I  think  the  well  was  completed  in  lHl'6,  but  it  was  not 

connected  with  the  tunnel  that  year. 

Q,  But  whon  cowi'letod  you  say   it  flowed  orer  the  surface'* 

A.   It  die   flov  over  the  surface. 

.  ihere  did  the  water  po' 
A.   It  was  picked  up  )>y  the  Gucamonga  Watur  Company  in  wi 
iron  }iipe  line  ri^t  near  there  and  went  into  thoir  syat«i. 
0«  Anc^  their  system  was  in  part  Uis  T^aoie  tunnel? 
A.  Yes,    oir. 

Q.  And   t^'at  water  was  conducted  into  tilt  Kadie  tunnel  by 
the  Cucamonga  Water  Conyany* 


M. 


<  i  o 

--    K    K 
_    J  3 


1 

2 
3 

4 

s 

b 
7 

y 

10 

11 

12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A,  Some  of  it  rot  into  the  Fadie  Tunnel  I  think,  and  tbty 

ciirriud  aojne  of  it  to  the  oi'-Jit  inch  pipe  line  t'  rourh 

unothor  line;   the  aane  eyBtera,-  the  Cucitnofif^fc  Water  Cor|>any. 

0.  You  Hay  that  was  conpleted  in  1H96,  but  not  yet  runnocted 

with  ihe  tunnel:  w*'en  was  it  connected  with   tho  tunnel' 

A.     ith.in  the  next  two  ye^jre,  but  it  was  a  lon/:^  job  and  hard 

work  -  spent  rauch  noney  on  it, 

Q,  From  tho  time  it  was  comploted  until  us  ronnected 

with  tlie  tunnel,  tiie  only  '^ater  obtained  from  it  was  wtiat 

flowed  over  the  surface  naturally? 

A.  or  \hiit  Me  run  in  from  tunnels  to  taj;  it,   and  then 

8)rphontid  it  down  into   Uie  Fadie  tunnol. 

Q.  fihisn  did  vou  do  that' 

A.  Well,    At    ,.    -;   ...Mvixnf?;  on  it  in  •^.7  and   '98,  probably 

both  yoara, 

0.  "ow  Tlt   below  t)'e  surface  did  you  cnt  the  well  with 

your  syphon'^ 

A,  I  think  we  made  two  cuttinp;B,   two  tunnels. 

Q.  At  different  linrns' 

A.  Yea,    air;   I  know  one  \*aB  about  fifty   feet  bolow  the 

surface. 

0,  And  the  other  was  still  lower*^ 

A,  Tho  otiiur  ./as  atill  lower  if  toy  memory  servos  me  ri^:;i:i.. 

-0- 

Hero  the  fourt  l.;keB  u  recess  uhtil   tomorrow,    "^nn,  ii2, 
IVOfa,  at  ten  oMock  A.M. 

-0- 


IN    T  H  E 


Superior^  Court 

OF   THE 

County  of  San  Bernardino 

State  of  California 


Cucaraori^  Vineyard  Company, 


Plaintiflf 

/  Vol.  XII. 


San  Antonio  '<^ater  Co., 


Oefendant 


INDEX. 
Wri'Jit,  E.  T.  1065 

Stowell,   N.  W.  1095     1125 


I.  BENJAMIN.  Official  Reporter 


,  r.-^H 


1 

2 
3 

4 

5 
6 
7 

lU 

11 

12 
X  13 

2  •-  K 

-  *  "  1  1 

<  S  o 

«  -■  2  Id 

in  <  ui 

-  a. 

^  O  3 

E"16 
17 
18 
19 
20 
21 
22 

23 
24 
25 
20 
27 
28 
29 


January  ZZ,  190b.  Tuolfth  Ikj. 

£.  P.  W.J^y?. 
^,  P.  IciI(31T,  ho.  et/oforo  iwi-n  and  QZMiinad,  beinf; 

raoallod  liy  plaintiff,   tcitificd  m  followi: 

T*'r.  V  .  I  wunt  to  maka  ona  oorraotion    in  thia  «ac}iib- 

it  ^^  jf  one  {ifyr%, 

"h.  BHI  T:       I  suppoae  thu  wi'..noa8  will  ba  allowa<i  to  aaka 
th-    oorraotion. 

A  It  IB  ,hr;  dtl^  of  %  20,  ly07.  i  .  ii;  jn  uj>i  i  5i:, 
a  oorrooi'ion  that  I  aa  oaking,  of  ona  fi  nu-u,  «^.ic^  is  du  Ji 
wronf  on  tha  asJiihit. 

m,  (S^lJPUkl:     Q    Vhbt  IB  it?         A    Where  it  raads  atv.05 
inches  fron  fair  No.  2,   it  i^ould  be  lb9.ti&  inehea. 

ME.  BJdTT:     Q  fhat  is  *hs  datat         A    May  20,  1907. 

MR.  C^^AP?UN:       Q  Oi  nhax.  woir?        A  loir  No.  l. 

Jfi .  Pi\ITT:       In  tho  multipliei-y  of  these  plate  and  ajiiib- 
ita,  there  ere  two  nhioh  I  desire  very  imoh  to  introduce, 
and  w^ic^  I  omitted  to  ask  "r,  Wri-^t  about.      One  of  t^am 
I  vas  undor  tho  imp  ro  a  si  on  was  made  by  nathar  witjiaas  in 
thu  oaso,  or  other     itnessae  in  the  taaa,  ltxA  tiie  second  is 
one  which  we  had  intended  to  introduce,  and  in  the  huny  of 
the  Bonent  I  oTurlookod  it,  and  I  tfouid  like  to  interrupt 
tho  orooc  exHninution  of  Mr.  Wii^t,   which  haa  not  prooeedod 
Tory  fer,  and  aak  him  about  \^ho8e  matters. 

THE  COUi.T:       Vory  well. 

)it\,  BiUTT:   Q  I  desire,  in  tho  firet  place,  to  interro- 
gate you  ubout  this  chart  whicl'  has  the  inscription  of  •Ouc*- 
Monfm  Water  Ooiqpany,  HelLnan  Well  No.  2,  and  artcaian  well 
Mo.  2.*    I  do  not  qjite  undur stand  nhy  "water*  is  used 
103" 


1 

2 
3 

4 


2^1- 

_  X  or 

■<  ;^  o 


B  <  ^ 

^  O  3 
-  en 


^1 

9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
21) 
21 
22 
23 
24 


25 


26 
27 
2H 
29 


instoad  of  Tineyard.*      A    I  Aq»pOfl0  it  vovld  b«  ,)orfaetly 
prop«r,  baoausa  thu  Hollnan  fall  Ko.  2  is  tho  Cuounonr> 
LiJid  and  Vator  Comi)&ny  land,  but  one  half  of  the  vater  belongp 
to  the  water  oompmy:     thF:t  la  ihe  reaaon  it  ai^i  have  baan 
used. 

0    Thia  nhart  waa  made  by  you?        A    Yea  air;     it  waa  nad* 
bv  those  in  my  of  fie  >  under  say  ahar^. 

Q     It  wbB  deei'Tiod  to  rapraaant  lAiat?         A    Oaai  mo'l  to 
reproaen'.  fluotuationa  of  water  in  the  aurfaea  of  those  two 
wella,  meaiurad  one  from  the  toi)  of  the  taain^^  in  wall  No.  2, 
down  in  tho  shaft  about  forty  feet  below  the  aurfaoe  of  the 
^ound,  and  tha  other  from  the  top  of  the  ourbin^  whi«h  ia 
about  three  feet  (iboTe  the  /rround. 

Q    Vhere  is  trtaaifm  well  No.  2  aitu&tttd?        A    Arte ai an 
well  Ho.  2  is  well  No.  2  that  has  bean  refened  to  on  the 
90-Ecre  tract,  known  as  arteaian  well  No.  2  on  plaintiff* a 
eyhibit  No.  1. 

Q    Can  you  point  out  about  where  it  is  sitviittdt 

A  It  is  nsar  the  oanter  of  the  90-aoro  tra«t  at  the  north 
edf^>. 

Q  Indicated  by  the  vards  "Artesian  fell  No.   2?" 

A  Yes  eir.       Artesian  Well  No.  2,  lbb7,  Qeiation  1410. 

MB.  nr^AP'AN:  0  You  .Tiaan  it  is  near  tha  north  bauniary 
•f  tha  90-aord  traet  and  about  the  sdddlo  of  a  line  drsoM 
aorosa  t}iera?  A    On  the  canter,  east  and  west,  lut  iiaar 

the  northam  boundary. 

MR.  BRin:     Q    The  HellMB  woll  No.  2  is  th^  wall  tat  you 
havo  already  statod  is  at  the  end  of  tha  wast  pronf;  of  tb0 
T  tun^iel?  A     Yes  sir. 


5^£ 

<  S  o 

7  OC  It 

■  5  If 

J  U  3 


1 
2 
3 

4 

5 

7 
b 

y 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 
1  ■> 

2.^ 
24 
2S 
20 
27 
28 
29 


Q  I  undurat^oud  you  to  s&y  that  thii  dh&rt  ahowe  the  ^lue- 
tucitions  of  water  in  thuoo  woXls?       A    Yoa  air. 

Q    nth  referenda  to  «^at?         A    With  reforen';^-  to  duttfo 
and  vdth  r«for<.noe  to  tho  wat<«r  havinf?  haan  pmqped  north  of 
the  baae  line.         It  ia  a  oontiniiouv  data  frtBi  tha  tijaa 
they  took  the  siaa«uraB»nt,  b\it  it  ribiowa  whan  -^hay  ware  pia^i- 
inf  uboTo  baao  line  and  idien  they  ware  not,  and  how  tha  watar 
went  down  whon  it  wi^a  pia^ad,  and  how  it  was  whan  they  ware 
not  pirapinfi. 

Q     jQie  maasurenientB  indiontad  on  thia  chart  are  taken 
froi  whut?        A    Chi  tho  HelLjan  wall  No.  Z  thuy  are  fiaaaured 
dowri  from  the  top  of  tho  eaaing,  i*iidi  ia  t^a  top  of  the 
well,  where  it  ia  out  off  to  flow  into  thc>  Y  tunnel. 

Q    Wiero  wa  thaae  fi/-Tirtto  to  be  found  inaay  of  thepe  ori/^ 
inal  exhibite?       A    Thoy  are  all  to  be  foi^nd  in  olaintiff'a 
axhi\;it  16.       There  ia  one  brecJc  in  a  period  of  aoaa  aontha 
nvhen  thero  waa  no  lueaeurtici&nt  token. 

Q     At  what  time?      A    From  June  l^Oo  until  A|iril  1V07. 

0    The  oolunn  of  tif^v^OB  running:  in  an  irragultr  line  near 
the  bottom  of  thia  ;>iap  indioatea  the  maamrcBent  of  i^ieh 
well?      A    Tha  HulLun  wall  Mo.  Z,  and  tha  diat&nce  down 
fro.i  the   uop  of  tho  caein/^f  uid  the  atraif^t  line  throu^ 
the  middle  of  tha  mi^  rupresonta  the  top  of  the  oaain/7,   and 
they  are  raeaiured  down  from  that  aaaing. 

Q     And  the  ooluon  of  fifipraa— horisontal  line  of  firtuea 
drown  neitT  the  top  of  tha  m^p  indicatea  maaaureaenta  in  arte- 
aian  wall  No.  2?         A     Artoaian  well  No.  2. 

Q    Tr.an  ae  t^  ia  lino  near  T.ha  bottom  of  tha  map  riiaa  or 
fcdle  it  indicatea  the  riae  or  fall  of  the  water  in  Hellman 


\f\Ar\ 


z  •-  ►-■ 

_    K    S 

SOS 

PD   <  uj 

^o5 


3 

4 

5 
b 
7 

8 

y 

10 

11 

12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
2  J) 

23 
24 
2S 
26 
27 
28 
29 


1U41 

Well  No.  2t         A    Tee  lir. 

Q    And  similarly  the  colijnn  of  finirea  r\Bbs  ihb  top  of  tha 
aiap  indioatot  Iha  riaa  and  ftdl  of  loll  >Jo.  2?        A    Yea  air. 
It  ie  oontlnued  ri/t^i  down  to  Junuary  7,  190b. 

fffi.  (mmm:       Q    it  ba^ina  vhant       A    I  think  in  January, 
1904. 

Q     And  down  to  what  time?       A    Jonuary  7,  190b. 

MR.  BKITT:     Q     Tho  dato  of  ^he  aoToral  maamiraaienta  art 
iRLTkod  where  on  thia  diart?        A    They  ara  mar*'ed  on  thi 
upper  ed/re.     T^o  deta  of  the  aeoauranante  end  the  obaarrar 
who  meaaiired  thsrn  ia  maricad  on  tha  lower  adf!^  of  tha  map, 
and  they  are  hoth  taken  from  ooopilationa  on  Erhi^it  3. 

?/R.  BRITT:       Wa  offer  the  pap.r  In  oridanca  as  a  graphio 
illuBtratio>^  of  tho  data  contained  in  axhihit  Mo.  iJ  end 
aj^.ibit  Mo.  11  forked  esJiiHt  No.  Se). 

m.  r,",h7:mi:       Q    Ihon  did  you  ooi^ila  thia  eAibit  Mo.  Jti? 

A    Cooipiled  along  in  May,  the  fir  at  of  May,  aa  far  aa  va 
had  extended  thii.t  datn,  enr?  I  hare  added  the  roat  aince  than. 

Q    Tho  firat  of  May  of  what  year?       A    1907. 

Q    fhere  (\id  you  rpt  the  data  fran  whioh  you  00Eq)iled  it? 

A    ?row  BsaaauromflntB  tvkrm  ^nhicV  i^-T^  i-^  my  offioa  end 
which  are  all  on  eihihit  No.  3. 

0  And  what  othei  data  than  what  ia  on  eAibit  Mo.  li? 

A  None.       T>e8e  are  all  taken  from  exhibit  No.  5. 

C)     You  B&y  theae  howiaontal  line  a  aho     what  the  condition 
of  this  voll  No.  2  nond  the  Hellman  wall  ware  when  the  Six- 
tfienth  atroot  walla     are  or  were  not  beinf  p\iq)adf 

A    Both  whon  they  were  and  ware  not. 


3 

4 


1< 

9 

lU 

11 

12 

.-     13 

u 

M  -■  5  1  r^ 

ffl    <    Ui 
-    Oi 

_■  u  3 

r  16 

o 

17 

18 
19 
20 
21 
22 
22, 
24 
25 
2(y 
2'i 
28 
29 


C     And  t.Vt-  dla^m  -^111  show  what  the  condition  «&■  «h«n 
t'rie     noiti  pur^txnff,   ttooordin-'  tA>  tta0w»  dain,   tind  <[^t  ^h0  oon- 

dition  WH.B  v/h  n  V.  v,   hhtq  not  ?       A    You  i  Bed     ^-  word 

oonditioT^B.       r.   'Vo,v    the  <!ifferonoe  in         -     .ions. 

(      Thut  ifl  *hal>  I  liCfJi,    the  difference  ii  eiefetloni,  or  vhe 
olciTationB  whon  the  wtiiis  «e;e  piaped  end  thu  elorati 'Hb 

»/))t!n  V  o     worti  not  loit/:''  pvtaped?  lee  «ir, 

Q     /nd  nuv  c.      ut.ht>r?       A    N.    .n. 

0    You  aiow  >»ow  fuwiy     c  j  on  thin  rnaf)  fr<M  1^^04 

to  190<'?       A    No   :ii .       I  liikvo  not  cou  ited  thtai.     Much  of  the 
time  oT&ry  day  uiid  eornetiiuee  a  week  ipart,  end  there  were 
Buvcral  }»eiiodB  of  lour  ur  five  uionthB    )ion  th<sre  wub  no 
ine<  BuroMunte  tcJcen,  letwee  ^  \<.'>'il>  fc.nd  t-.-jlv  in  lyOO, 

0,     Can  ^ot.  poi  !(-  ouu   w  .out;  utax^     ulbcj     i  ii-u?       Vhereeheuta 
on  t'  is  dih^ijn  do  the  deliy  loeaBur  ntintB  uppeur  (jxid  for  how 
Ion  -  do  thev  Luno&r  tt  an     ontj  time?       A     ftev  anpeor  blII  tho 
^^u:'J•  jroii  Au  utt.,   ivO^,  pzitc  iclij   QUiiy  :  uc   ..:         ...  ,        t,h 
occtiBioriHlly  a  Sijid&y  intorvoninf^,  until  .T    io,  lyOo, 

0     l>io  a    lOfi-iRireBoiita  vers  all   t?kiwi  hv  h.;od? 

/     TliUTw  iiurii^  havo  hoen  ooct*eion*u.  il, 

but  they  wore  til  fropi  Mr,  &eed*8  testiniony. 

0  ruhBtfcntielly  they  were  t»kon  from  ¥r.  hoed'e  ieati^aony? 

A    YuB  Fir, 

Q     DooB  Ur.  iieed  meke  an.,   ohaervixtionB  aa  to  whether 
o*>>.i>    "/jIIb  then  theae  Rixte  "■''   ^ti.-ot.   ^^  11b  were  bein - 
pLiii^)ud  kt  ohe  aetae  <.iMe  or  et  wi     tiaw    lu  inf;  t^.ose  obaeiver 
tionB?       A     I  don't  know,     I  tMnic  thut  he  ro^orto'!    .   ^n 
^'«  T.one  St«u'  well,  which  ib  tbo  U}>por  well  en  the  Lone  Star 
tiuot,   wore  bein.    pua.iod.       I  '/".inK  he  ru,iuj  to'i  of  that, 
-mjg 


h 

9 

lU 

11 

12 

/  13 

<  S  o 


«  -"  s  In 


16 
17 

18 
19 
2<i 
21 

23 
24 


28 
29 


Q    Tou  didn't  put  that  on  thii  sapt       A    I  did  nut,  but  I 
think  ho  nade  rejjorti  of  it. 

Q    Tbos  this  dia^an  riiow  whether  or  not  any  othor  ^11 
in  thht  diet^riot  or  territory  i»hioh  is  the   BuVjoot  of  thli 
controTaray  was  or  wai  not  heim^  p  ijipad,   only  thase  Siztaent 
■treat  wolliT       A    Thare  ara  no  othor  valla  in  that  isMdiata 
territory  bairip:  pimpad. 

Q    f  am  not  talkinr  of  tho  inatdialo  verritory  m  e 

of  being  within  a  few  f<;at.     But  wa  hara  V.  t  Cuoanon^ 
with  wella  acattorad  edl  over  it.     Tare  any  of  thoaa  volla  ra- 
pox  tua  w  you,  tj-]d  uid  yuu  oaric  on  thia  dia^aa  tfhathtir  they 
ware  or  worb  not  punpinr;  about  thia  tljae?      A    Thara  vai  no 
vail  reported  to  oia  £.a  beinf;  pinpad  unlaaa  it  vaa  wall  No.  9 
of  the  Lona  Star  Tiuct.       Ihat  mi^t  have  been  laportud. 

Q    And  :f  it  vaa  raportad  it  ia  not  laarkud  on  thia  ou^? 

A    Ko  air. 

Q    Waa  any  raport  made  to  you  or  obaerrad  by  you  oon«amin^ 
tho  condition  of  th*    wauthtr  at  i^haaa  '  imaa — -tho  rainfall — - 
v^  athor  it  vaa  or  vaa  not  iainin^       A    u-i-.   Uarah  made  ra^orti 
of  the  aaaauraBMnta  mada  by  hia  pvnarally  in  1904  9jitrj   iiam 
there  vac  any  rainfall. 

Q     Did  you  make  anv  nota  of  that  on  thia  diaj^ant 

A    It  haa  no  plaea  on  that. 

Q    I  un  not  jaVkiwy;  aakinp;  yov.  that.       You  didn't  aakc  any 
report?  /     No . 

Q    Did  you  maka  any  obaarvation  of  the  wunt  of  rainfall 
in  the  different  Maaona  that  thia  dla^ai  aztanda  oTar? 


~f.    Only  frir"  '''^-! 'offlr^> 


■vm^ff    TT^    "^Bipr   •: 


L\J  ± 


*  ^  t 

M  ff  E£ 

5  c  o 

HI  ^  £ 

CO  <  u 

-  a. 

-  O  3 


18 
19 
20 
21 
22 
23 
24 


2d 


26 
27 
2S 


Q    Tou  did  oxamina  thaof       A    Y«8  eir. 

Q    Did  you  makt  any  obsenrationi  on  this  ot^^  at  tc  i^t 
the  Mason's  rainfall  waa  during  Uia  diff«r«nl.  sab  a  una? 

A     I  don't  t>:ink  +.^'    rainfall  is  on  t.'r.ia  particular  map. 

Q  Thttra  is  notiiing  on  this  amp  axcupt  iiia  pum^'iri^  or  not 
pupgoin^  of  t^ie  Sixtaonth  atraat  walla^  and  tha  alavationa 
of  tha  watar  in  -vella  No.  2  .-rd  * }  o  Hailaan  wall? 

A  And  the  name  of  the  ouaarrer  uno  took  tha  racord, 

Q  I  an  BpeakiHt^  more  of  the  condition  of  tjia  ground;  there 
ia  nothing  olae  noted  on  this  tjap?         A    No  there  ia  not. 

Q  Now  wharaabouts  is  the  Halloan  wall?  A  Tha  HelliMn 
veil  No,  2  is  at  the  west  end  of  the  Y  tunnol. 

Q  Tiie  Hallman  ^Tell  No,  2  is  the  one  w'lich  t^ia  diagram 
axtiibit  No,  36  de  is  «.th?  A  Yea  sir;  and  arteaian  well 
No,  2  on  the  90-acro  tract.       T^iose  two  well  a. 

Q    Where  is  the  Hfillman  well  No.  2?       A    That  it;  at  tl-e 
west  end   of  tha  Y  'linnel. 

Q    V/hero  io  HelUian  well  No,  1?  A     It  ^.i^^it  have  been 

intended  to  be  at  ^^-^  enat  and  of  the  Y  tunnel.       If  bo,  «• 
have  no  me ';au  reman  to  on  it. 

Q    T\\ii  Y  tunnel  ia  ikirked  on  plaintiff's  exhibit  1,  azld 
tho  Hellraan  well  that  you  a^.eak  of  is  Kixlkii  near  the     est 
end,  or  at  iJhe  northern  end  of  the  weat  branch  of  Uio  Y 
tunnel?       A    Yea  air, 

Q  Whereabouts  are  the  Sixteenth  str-.-et  wells?  A  T\\9y 
are  all  located  on  exhibit  No.  1,  and  are  numbered  1,  2,  6, 
4,  5,  6,  and  then  Haskell  wells  No.  1  and  2. 

Q    Doea  your  ^agram  note  what  particular  wells  were  being 


puqpedT     Dooi  It  'iT«  than  a  naie  or  a  mabdr?     A    Tee  sir. 

i 
Q     In  eaeh  inotuioe?       A     It  olftimt  to,  tacb  ti,';e  the  veils 

wvre  pulping:     but  I  soe  tharv  is  a  blank  spaoa  of  tone  die- 

tunee,  for  sono  months,  and  aoiBa  of  the  veils  were  stopped  for 

a  day  or  tvo  at  a  time,   I  Vinom,      But  it  is  >'eaded  such  end 

mi<^'  noils  puB<)i?ifr. 

Q    You  a  6  reading?  from  a  i>laoe  on  this  dis^^ai  vhio^  says 
*8sn  Antonio  Water  Oos^any  puq»ed  loll  Me.  &,  Sen  Ant'mio 
Water  Con^ny  piaped  veils  No.  3,  4,  saad  5,  and  Haskell  Well 
Wo.2— -"    What  ^)ae0  do^.s  tha     cot  r?     A    July  14th,  1894,  to 
jHni.jry,   1905. 

Q    But  yoi(  knov  during  that  tias  (MM  9f  thoM  Villt  ymn 
not  piJBif)in|^      A  Sometiaea  they  stepped  puipln^  for  a  dsgr,  and 
then  uthdrs  vould  pus|)  during  the  time,  but  they  piaiped  con- 
tinuously. 

Q     All  of  th*m*       A    No.     I  a^>n*t  vhink  so.     But  oone  of 
thorn  flftopped  for  a  day  «»hilu  they  voi'e  being  repaired. 

Q    There    was  eomo  pusping  ^in/^  on  during  thfct  time? 

A    Yob  sir. 

Q    But  not  frll  bein^:  puq»ed  at  once?       A    Thare  was  only 
five  lixJEiaBrrz  there. 

Q    And  they  vero  not  all  roinp"^  at  one<»T       A     Sqbm  daya  toiN 
vera  bei nr:  repaired,  I  know. 

0    Hare  y  u  any  idea  hov  man.;  of  them?       A    It  is  vhat  ve 
eall  oontiniaous  puo^in/^,  and  we  reported  it  continuous  jtvupinr. 
But  seno  days  there  vould  be  a  veil  the    vould  be  eh«ni)!ed. 
I  knew  that.     When  they  had  to  fix  the  punps. 

Q    The  first  ono  of  these  aatries  ia  *8an  Antunie  Water 
Con9)any  jptapinf;  2  veils."      Does  your  disfrai  shov  vhat  vails 


L\;4o 

w«ro  1>oiiV5  p«HP«<'   '  ^-  '^*^^  tira«T        *     WcjH,   all  Lh«»  infur  >- 

tion  wui?  njp'OBed  to  ha  ttkvn  fro^    l.-    iV.it  ■lo,  ^,   ind  1  |>rte- 

Biano  it  do  OB. 

wall  end    ^  •  r       •     '  ^1.  Oyer  ./^  riod  of  '  i- .    'o  b  ' 

ontry  r^?     A     It  i.houl     run  ti^      .       next  entry  is     tj:;c;    ..'luro, 

''     "^'t,   ''an  Antonio  Water  Ooqpmy  pun^in  -  }'a«koll  well  and 
vs(ull    lo,  ^,     Thut  rune  to  the  next  ontiy?       A    Yea  eir, 

0     Pan  Antonio  fator  Com;)fc.n'  pi:;  Jcdll  well.     That 

1     .t     u    .    >    'i^xt  entry?       '      "^       oBdd  to,       Tha     is  thu   in- 
tention, 

Q  And  V'v.  next  ie  ''on   .*n*>onio  ''ater  .  i 

horo,  v.'HiroTor  you  hayo  made  one  of  'Mjbo  rflracrk.!,   tbi.t  con- 

i 
d  tion  C'j^tlnuee  till  ♦^e  n«xt  one?       /     T^rt  ic  ''.ht  intent ijni 

^' .\i  xj:i  a.».;ici  inBl.i-'.cuE  yju  r.jmti    wn^u  in-uni.i.o!)  ic  :iju  gli- . 

riud  out?     /     I  know  for  a  bwrco  of  five  or  Bi>  '  c — no 

well   c.'.n  DiHo   ^ire  or  rir    :ont^t?     ivhoitt   r.to-j  dn^.  I 

C'     Ii    M^^i-i,  uivtuia  nu  un.,   GxBcrui>ttncy  bo,       a  w.^a  ai'    i-., 

exhibit  No,  ^ii,   and  oxMbit  ?Io,  2 —  jcord  c^  d  in 

.rhft-it  »:o.   3,    coulf^   vjx:   roll    up    :'  ir?-    ir      or.t   litr^-.  hi.         j 

oori't'.cL?       A     I  ahokU-ci  &u^|./0£(4i  uxiUi^i;*  .w,  %i  -uuia  iu,  i^i 

the  dia^am  vaa  8Uy.)08ad  to  be  taken  f ro  i  exV.i^  it  5, 

V      And   wae   intonri..H    tc.    confo jtti   *.o    it?         A      Y<  r    rir. 

I'     iXiub  uxhihi'w  uo,  u  fihow     ho  coa'winutoufi  ^u.i  from  one 

day  to  unotber  as  you  have  >  lo?     A    Yob  air. 

I  dun'*-  "fev  'Toi    fu  r^v,     Miiy.ffwl    .   n,       Ti«rM    .ay  ^«  ^nti  day 
t'  <  I.  ^nu  Mttii  ifi  nuk<  ^j  • 

C    I  :MLn    ho  awe  infOiiiatiun  iriiich  you  haT«  on  diarraii 


jK-. 


l04. 


3 

4 


"it 

~i   O  s 


10 

11 

u 

/  13 

M  J  S  1.-1 

16 

17 

18 

19 

20 

21 

22 

2i 

2+ 

25 

26 

27 

28 

29 


ejdiibit  3U  will  also  be  contained  on  aihibit  3?        A     Yes  sir. 

TIU^  C()Ui<T:       You  uean  by  th.-.t  that  diagrafii  ^  is  not  mtaodd 
to  conttiin  anv  orie^inai  infonnation?      A  No  uir. 

Q    It  Ib  sinply  a    graphical  representation  of  ..hat  ic  set 
fo;-th  on  exhi  it  ^5?       A    Yob  Bir. 

MR.   BHITT:       Q  Mr.  W:i;-ht,     look  at  that  and  state  what 
i!.  represents?        A    That  represents  a  line  su^j  osed  to  show 
t.e  fall  of  the  land  froa  t>ie  mouth  of  ttio  canon  to  the  lower—- 

Q    Wh  t  canon?         A      T!"-e  mouUi  of  tne  Cucaucmvja  canon  to 
tf<«  lov/er  tiiid  uf  'he  Red  hills,  aad  ciOHD:     it  takun  fioia 
the  govonvriont  goolopiioal  ma^j  by  soale. 
,  On  whai    eca"  e  is  this  drawn? 

/.  400  f e -t  to  an  inch  lonfdtudinally,  and  I  '  hink  1000  foot 
botweon  each  of  these  main  linoi,.  1000  feet  is  marked  on  the 
map   . 

f\  Te  Bcalu  in  dio'crted,  tVut  iu,   the  lonf^tudinal  soale 
is  fToator  t^iwi  Uio  pependiculu'? 

/.  It  iB  100  fert  hotv/etn  the  linoB  up  und  down,  and  1000 
fe-t  the  other  way.  Ton  timt'S  as  rauch  lon^ritudinally  t)'.an  it 
is  tho  other  way. 

The  Gomt:    0.  It  is  mafyiifiod  that  way  ten  tiraeo? 

A.  Yob,   air.     The  figui'os  are  all  mai'ked  on  the  map, 
ahciv/ing  thc!  diBtfajicos, 

0 .  IThat  is  meant    by  the  dotted  line  mai'ked  respectiTely 
e»i«t  side  hnd  west  side,  nei^r  the  lower  left  hand  come. 
of  the  n.ap? 

A.  Thut  is  BuppOL'od  to  reprecent  the  ei.st  side  of  the 
cr'*ek  or"!   '>'••  Red  ttih.  TIiIr  Iq  takon  from  the  fijeolof^ioal  map. 

0.  Tbo  Map  of  tho  Cuoamonfz;a  quadranfrjLo  ulrf;a;ly  in  otidene  ? 


104S 


In  that  the  raap  ro:er:ed  to  as  the  nap  of  the  f^olof^ctl 

P,  Yen,   sir. 

C.  I  notice  at  one  point  on  thialino  ©xhihitinp;  the  profile, 
appears  "^^he  inecription  "llop  Sirto^nth  Ttroot  well* 
Vhut  is  meant  hy  the  terra  •top"  in  that  connection? 

AJt  mefine  th«  curff'CO  of  "he  fround  at  that  point, 

^.  And  vertfccally  below  that  on  the  mi^  appear  the 
figuroB  lCV/'6,  elevation  in  May,  l;/07,  of  wate.r.  What 
do  thoBo  t/ordc  sifTiify? 

/.  The  olttvation  of  thewater  in  the  well  at  tht^t  time,   from 
Ut,  Cousiri^B  teetimony  in  this  case, 

0.  In  thodottod  lino  which  bears  thti  inscription  "west  aide* 
appear  the  words  "top  well  nO/  1   ."  That  is  meant  by  ibose 
words? 

A.  The  p^'ound  elevation  at  well  no.  14, 

Q.  Vorttcally  below  appear  the  v^ords  •bottom  Eady  Tun^iel*, 
with  tho  figuroc  129:5.94." 

A.  T^in*    is  the  elova^'on  of  the  bottom  of  the  tunnel  oi'  tho 
surface  of  thewoll  where  it  ic  cut  off     in  the 
tunnel   at  that  point. 

^,  Further  to  tho  ri  ^  t  and  under  the  dottf.f!  line  apfjcar  tho 
words  ■  Cucanonp?i  Sprint^".  What  do     those  words  sifT^ify? 

A.  Tliat  sifTiifioB  th(5  elevation  from  thi;  tostlnor.y  here 
whero  *ho  spring  rose  ao  testified  to  by  fir.  Cousins, 

0.  TI.e  fifjiros  ho  ^vc  were  13;52  fe-.-t .  Tlioy  are  not-marked 
there,  but  I  inquire  of  you  whethor  that  is  tho  measurement 
to  which  you  rof-:     an  tho  elevation    determined  by  him? 
A  It  iE  not:  because  those  sprinrs  are  located  on  here  as 


— . .^ lot- 

away  below  tlmt. 

Q.  My  rocol lection    ay  bo  at  fault,  T^iat  was  noroly  ray  Bamory, 

Mr,  Chapumn,  Lot  hirn  finieh  hie  answer .  Will  you  oontinuo  with 
thet?  Will  you  explain  what  it  is' on  thut  dia^an? 

A.   I  should  have  aaid  before, —     whoro  it  ie  marked  as 
Cucaraonf^  S})ring8  ie  at  the  beud  o^  the  50-irich  pipe  line  and 
not  ac  tuBtified  to  by    ir,  CouBina, 

Q.  What  have  you  f^oton  thu  dia/^TQci?  You  havo  not  stated 
what  those  fif^es  are, 

Mr.  Brit-.,  Ho  liasn't  any  fif;uroE  there  at  all, 

Mr.  Chapian:      .  Wl-iat  have  you  fptt.hore?  You  hive  socie  figures 
here,  have  you  not? 

/.  That  is  dimply  the  elevation  li:l)0.   It  dooy  not  rufor  to  ajiy 
thing  except  tiio  ulovation  of  "Ohe  f?*ound  at  that  point.  It  is 
BuppoBod  to  be  tho  elevation  of  the  p;i'ounfi  there. 

C  ,  Suppo  sed  to  be  by  whom? 

/,  Taken  fiom  tht   scaling  of  the  geolo^-^col  map, 

C,  And  you  put  it  th  ere? 

/.  Yop,   Bir. 

C.  %ich  one  of  thoae  linuB  marked  tht;  liit)0  foot  aleffttion? 
Which  one  is  it?  Tho  one  lAiich  is  underneath  tho  figures? 

A.  Yofl,   sir;   the  one  rurining  parallel  with  it, 

Q  1/hut  ar  these  olmrac  era  bore? 

A.  That  explains     itself.  1276  is  tb.    olevation  of  the 
mouth  of  thoKady  Tunnel. 

Q,  That  marks  tho  spot  at  the  mouth  of  the  Kady  Tunnel? 

A.  No;  whoro  tho  water  oomefl  ou  • 

Q,  I  moun  on  thic  dieiTon,   tho  place  itself,  the  1276  feet, 
that  is  at  tho  lino  itself  rif=^t     at  tho  words  "Mou^   of  Kady 


10.. .1,1 

Tirinel "? 

/.  Y'j«,   Bin    it  is  tho   tsontinuation  of  tho  atraipjit  line, 

A.  And  at  thol250  foot  nark  is  marked  tha  uleration  of  the 
line  which  is  underneath  the  fifruiee? 

A.  Yos,   sir:    itiE  the  riain  line. 

Q.  VHiat  it  t)w  differenoo  botwuun  those  two?  26  fotrt? 

A.  That  is  the  difference. 

?.  What  is  the  ooir  se  of  that  lino? 

A.  It  is  about  14  def^preys  south,  oO —  Sinply  by  the  protractor 
on  the  f^\»ommont  map.  That  io  c  ppoaed  to  represent  the  bott>om 
or  otrai^t  line  of  tho  Kady  Tunnel. 

Q.  And  what  is  thu  elevation  of  this  ot^er  extremity   of  it? 

A.  1293.94. 

Q.  '*hat  is  ^he     course  of  tho  Kady  Tu'-mel  under  the^ound? 

h  It  ie  south  and  about  12  to  80  degreus  east.  But  it 
meanders  around  at  the  i^per  end,   and  "this  line  is  drawn 
sti'aif^t . 

0.  The  ponoral  course  of  itfrom  the  i;9)per  extreme ity  i  — 

A,  About  Sou^h,   10  or20  deffjrooe,  eaot. 

Q,  l^iat  io  thtj  line  that  intersects  this  Ion  ^jr  line  betwutfi 
the    place  on  top  of  theSixtoenth  Street  wells  of  thsSan 
Antonio     Company/  no.  1,     and  theplaoe  marked "two  wells" 
and  runs  off  to   the  ri^ithand  end  of  tho  map? 

A.  That  is  supposed  to   represent  the  Bi.rfaoe  of  tho  ground   . 
taking  a  straif^t  lino  over  the  center  of  Uie  Hed  Hill,  and  an 
elevation  narkofll472  at  the  top  is  simply  from  tho  poo  o^cul  m 
map  and  is  the  oluvabion  of  thtt  hill. 

0.  Have  you  marked  the  Cucamonga  Springs  on  that  diagraoii 
or  tho  place  where  they  are  on  the  f^o^ind? 


10.>1 


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A.  Ho,  sir, 

c'.   Do  you  know  ar-vih  ing  of  a  well  orwolla  owied  by  the  Old 
Sotile  re'  Cornpay? 

A.  No,  air:  I  do  not.  I  know  by  heoroay  that  they  hare  one. 

Q.  You  have  never  ho  n  -^.o  it? 

A.  No,  sir. 

Q.   Aid  you  don't  knovi  v.'ho-o  it  ia? 

A.  I  don't  think  I  do, 

Ur  Britt:   I  would  like  to  ^ispoee  of  thia  chart,   if  you 
are  ready  to  proceed  with  youi*  general  cross  extmination. 

Mr.  Chapmui:    I  don't  want  to  lo  ave  thia  ohart  or  nuiihor 
38  till  I  aak  enother  quo  a  ti  on  or  two. 

Q.  The  Old  f^ettlera'  well  dooa  not  fif^je  on  your  chart 
exhihitsa? 

A,  No,    air. 

Q,  Nor  on  thia  profile? 

A.  No,   air. 

Q.  No  difforunco  botwoon  the  elevation  at  the  Old  Settl  era* 
well  and  the  CucamonRa  Springs,  nor  well  no.  14,  nor  any 
compaiiaon  botwocn  the  Old  Sottlera*  well  or  anything  else? 

A.  The  Old  Settler b*  well  doea  not  appear  in  any  chart  or 

tcntimony  that  I  have  had  any  connection  with,  nor  the 
Lono  Star  wella.  They  do  not  appear  on  thia.  But  it  dooa  on  a 
ffpod  many  oth»  thinp;a. 

Q.  It  doc  on 't  on  No.  56,  dooa  it? 

A.  No,  air. 

Q.  Do  you  know  where  thoSunaet  wella  are? 

A.  I  knov^  abot  where  thoy  ure,  bu  t  particulaily  I  don't 
know. 


Q.  Tboy  also  do  notfi^^a  in  either  of  these  oharta,  no .58, 
nor  thin  ono  which  I  suppoee  ie  to  be  no.  o9? 

A,  Ho,  8ir. 

Q.  Nor  on  ibchibit  5? 

A,  No,   Bir, 

Mr.  Brilt:  Wo  of;©r  this  profile  \.o  \ihich  tho  witnoFB  tuKti- 
fioB,  aB  Plaintiff  a*  Exhibit  No.  '69. 

Ur,  Britt:  Q,  Tlicre  ie  one  question  BUf^^etod  by  ^r.  Stevens 
abot  this  chart  No.  39.  Hereat  the  lower  ri.tit  hand  comer, 
tbe  vonis  "Cienogas,  l&'J'i*  appear:   Vhat  do  thoae  wordr  indicate 
And  ther ;  is  also  some  shading. 

A,  Th  se  words  tnd  lettering  indicate,  the  figures  f i  om 
lo70  to  I'ilO,  and  colored  Ubcxxidi  bluBih  on  the  edge,  repre- 
sent the  e '.;  vation  of  Lho  water  ae  it  stood  in  the  cier^pms  in 
1099—  the  elevation  of  the  water  on  tha  nurface./And  the 
figures  '99  indicate  the  year  1099? 

A.  Yes,  air. 

Q.  Mr,  V  rir^t,  in  lc99  when  you  had  youi'    neasuronont  of  the  w 
water  on  the  east  sidu  of  the  Red  Hill  sbo  t  which  you  tes- 
tified, WED  all  the  wa  rr  on  thrt  side  measiu'ed  at  the  Creek 
Division  Box,  or,  ao  it  hac  ■oaotijBeB  been  callod,  loir  No. 
8?  Vaa  ther  any  other  wat»r  natiually  discharging  from  the 
sprin/j^B  at  tVat  tirae,  xAiida   was  not  measured  at  the  Creek 
Division  Box? 

A,  Yes,  sir;   there  was  a  guod  deal  of  water. 

Q.  I  am  speaking  of  the  nuturul     low* 

A.  Yee,  sir.  The  cienefTXB  wore  flowing.  The  C>,hina 
cionof^  and  the  cionog^  below  the  "Y"  Tunnel  was  flowing 
in  1899. 


— — 10.^•l. 

^  .  You    obsorvod  1.he  wa'er  in  *B5  and  '66? 

/.  I  have  none  of  uiy  meEBiireaenta.   H  wao  )Tr,  Pitshu^  and 
Colver. 

0.  Was  thero  any  strom  of  water  proceoding  from  tho  cianogk 

before  the  "Y"  Tii  'lol  was  built,  befb  re  there  was  any  daTolop- 

raent  was  thor*  ?  A,  Yes,   sir. 

Q,  Ih  di  .ioins  the  crook  bolow  the  30  inch  pipe  lino? 

When 
A./It  was  not  diverted     for  irrigation  it     joined  the 

Crouk  some  500  to  tiOO  fe  -t  below  the  head  of  the  pipe  line, 

j   pt  above  tho  present  county  bridge. 

The  Court:   Q.  You  mean  1>ere  was  a  continuous  strean  unlep.siti 
was  interfered  with? 

/.  Yea,   sir. 

;/r.  Bri' ' :   0.  Do  you  know  ab'>ut  w^at  q:.an-ity  of  water? 

A.  Only  by  Mr.  Fitzhiph's  rieas  rernent  in  'ciS. 

I  haven't  any  neasurenents  of  my  own. 

0.  You  saw  the  stream? 

/.  Yos:   I   aaw  the  otreai:^. 

Q.  Did  you  eoe  it  moj^  than  once  in  oaily  timea? 

A.   I  saw  it   a  good  niany  times  in  those  early  days. 
We  measured  it  two  month  a  before  we  co  moncud  work  on  fc    "Y* 
Tunnel,  but  we  didn  *t  f^t  it  all,  becauao  a  part  of  the  China 
cienoga  was  f-rthor  west. 

Q,  T}at  was  before   the  construction  of  the"Y"  Tu  nel? 

A,  Yea,   sir. 

0,  How  was  that  atraam  aa  regarda  being  continuous? 

A.  I  only  knew  it  one  aeaaon  before  we  cornenced  the  "Y" 
Tunnel . 

Q.  Were  vou  familiar  with  it  after  that  aeaaon? 


fif 


lO-^i 


A.  Yob,   oir , 

Q.  How  W&8  it  then? 


/.  It  waa  flowinr:  a  p;ood  otream. 

0.  Un  if  only?  Tho  botio  size  atream? 

/.  It  was  the  aome  collection  as  the  other  oienogaa, 

gii.  BRITT:   Q.  What  waa  the  cieneRji  culled  fron  which  tlmt 
sti'oan  emanated? 

/.     Cfelled  in  theFitihuf^  meaaurcmient,   theChina  Cienega. 
Afterward 0  we   calllod  one  cienopa  below  tho  Y  tu^-.nel  wid  tho 
other  tho  China  Ciene^a.  At  tho  '.irae  of  Fit«hi^*B  meaaui-e- 
menta  t'loy  were  oallod  tho  China  Cienogaa, 

T\t  Court:   0.  You  never  applied  the  term  ■China  Cionega*  to 
the  ono  west  of  the"Y'  Tu  nol? 

A.  Oh,   no:   itia  abuut  two  or  throe  hundrdd  f oct , 

0.  Wher  t'^e  vegetable  f^jrdon  used  to  bo? 

A,  Yor,    nir. 

Cro  aaBxaminati  on . 

Mr.  Chapian:  Q,  How  many  cienop;aB  ar*e  ther  in  that 
vicinity,  orhow  many  were  thcro  ^en  you  firat  knew  tho 
country  in  /085? 

A.  Thia  exhihitno.  1  ehowa  thi^t  pretty  fairly,  axoept  that 
it  dooB  not  ahow  the  area  of  them.  They  are  oontraoted  oonaid- 
eruhly  after  lb85  yp  to  10^9.  Thero  la  one  oallod  Pic- 
nic  CionefTpi  on  tho  northv/oct  coi'ncr  of  the  90*aore  tract . 
That  waa  quito  a  litMo  cierof^,  and  it  ia  not  Bbovn  on 
lJiio  map. 

Q,  Thoro  v/ere  aoveral  different  oioncgaa? 

/.  Yea,  oir. 


1 

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10,,.. 

Q.  And  *>^'oy  wore  of  different  elova' ions?  ^ 

/.  All  tho  cieno/^D  would  come  wi'ldn  30  or  ^lO  feot  of  being    ': 
about  the  ame  olovation.  | 

n.  \71  on  you  conotructed  that  "Y*  Tu"nel  ^at  effect  didit 
^-£lvo  on  tbe  oionef^B  whidi   you  hate  been  epeuking  of,    and  \ 

the  flow  of  the  Btrean,  in  1B85  or    ••o? 

A.  The  atrown  certainly  diminiohed  bojio,  as  iho  meaB' rmentB 
Bhow,     And  t>n   cio  e^^s  contracted  at  the  hoad  of  the  cienef^aa, 
fbui-  or  five  hundred  fe;!t  f  am  the  mo  th   of  tho  tunnel.  It 
was  pnictically  dry  in  •99,  ^ 

Q.  Do  you  rumomber  what  tho  aeanon  of  'tib  and   '6  was  aa    o 
tho  amountof  ruinfoll? 

A.  I  don't  think  I  do.  I  could  refer  to  it,  but  I  don*t 
think  I  roianfcor. 

Q.  Don't  you  renianbor  thi;t  one  of  the  bi^^-ect  flooda  we 
ever  had  in  thia  country  wao  in  March,  1866? 

Wr.  Britl:   Thoee  finiren  are  in  evidonc     on  aome  of  these 
charts. 

Mr.  Chaprion:  Where  ia  the  c'-art? 

A.  I  huve  it  rirjit  in  my  pocket.   I  could  eay  by  refwrinc; 
to  one  of  thotablea. 

Q.  Well,  look  at  It  and  nee. 

>.  16B5  and  '6? 

0.  Yob. 

A.  Tho  rain  all  was  HI ,83    here  in     San  Bomardino  for 

tho  80 a son. 

Q.  And  vVat  waa  it    h--  year  before? 

A.  10.81. 

0.  And  the  year  Bubaoquent?  A.  14. &0 


-     Do' B  t])b  iiemoiandum  that  you  h*YO  there   rl  ov;  Vc  Uao 
of   the  year  the  principal  pwt  of  that  21  inchee  took  place? 

'  .  Ygb,   flir. 
'':,     When  wae  it,   in  Febiiiary  orUai'ch? 

.  February  there  was  Ji.52,  March  4,16,  and  April  4«48« 

0.  What  mo  th  wae  t'e   p^^eateet  rainfall? 

A.  March. 

Q.  Do  you  r<jmumbor  what  exhibit  it  is  that  hac  already  been 
int  od  ced  that  showB  the  outlines  of  the  Cuoanon^  Ranch? 

/..  There  haa  hocn  no  eud^   o^diihitintroductd.  I  handod  you  one 

this  morning  that  shows  all  of  the  land  to  be  affectedin 

this  suit. 

Isn't  there 
^.  ia  rk  ani  any  map  introduced  hero  yet  that  shows  the 

entire  Cucaraonfca  Roncho? 

A.  Not  to  my  knowledge. 

V.  Who  raado  this  miip  that  I  show  you  now? 

A.  T^at  is  a  white  print  ofw^iat  is  called  part  of  the 
Cuceoonga  Colony  land,  and  tho  yellow  lino  repr  eeonts  the 
outline  of  the    Clicemonf^i  grant,  as  I  putiton  tiyself  ftiom  the 
patent,     on  tho  east,   south  and  west,  ao  far  as  this  cap  will 
alloTiY  it  to  be   shown, 

C.  But  it  don't  give  it  entirely? 

^.  No,    sir;.       it  docs  not  rive  the  north  part. 

'" .  In  your  diroct  e  raminaU  on  you  testified  that  you  re- 
sia'veyod  these  ffiibdivisions  and  soctiunised  inside  of  the 
rancho,  and  that  you  oado  it  conforai  to  the  Uhitod  States 
government  sui-yey  of  pullic  lands  outsid  :  and  adjacent  to  the 
rancho , 

A.  Yes,  sir. 


lOoV 


C.  DooB  this  nap  ehov/  any  of  thoae  outside  lands  on  ths 
eantorn  oide  of  theCucaraonga  ranch? 

/  .  Yeo,   sir. 

0.  Is  not  the  oaet  half,   the  entire  east  half  of  section  11, 
township  1  B0>  th,  ra-ifp  7  west,  outside  of  the  Cucanomra  grant? 

A.  It  is   . 

\  Is  l>at  txjue  of  any    other  portion  except  the  east  half? 

' .  No ,   air . 

iix  And  the  section  2  of  the  seme  township —  section  2,  the 
eant  half  is  outside  ond  the  west  half  inside  of  the  rancho. 

0.  ^"^ croabouts  is  the  oonter  of  sootion  2  and  11? 

Does  the  Cucamon^'ja  Flanch  line  run  thj'ouf^  the  center  of  those 
sections? 

'  .  Yes,    nir. 

C.  The  oast  half  is  outside,  and  the  west  half  inside? 

A.  Yes,  sir, 

Mr,  Chaptian:   If  there  is  no  objection  I  wuuld  like  to 
offer  this  in  evidence. 

A.   It  is  singly  a  white  print  from  our  Cucumonga  Ooopany*! 
lend  that  we  hare  a  tracing  of  at  my  office. 

Mr.  Britt:   I  suppor.o  it  is  o  :   ered  to  illus-rate  -his 
cro  Rsexumination? 

Wr,  Chapian:  Yes. 

?/r.  Britt:  No  objection. 
(Defendant's  Kihibit  A.) 


lOos 

1 

Q.  Did  you  know  theOucamonga  panch  lands  prior  to  '85? 

2 

/.  Only  from  drivinf^  over  the  ranch  t.nd  spending  two 

3 

ortliree  daye  in  'b^. 

4 

Q  .  Wiat  part  of  the  ranch? 

5 

A.  Prom  Ontario  north  to   the  canyon,  and  eaetvard  to 

6 

the  Cuoamonga  winery,     and  then  east  of  that  to  the  ranch  liniti 

7 

Q.  Did  vou  pay  any  at'.ontion  ^o  the  watoBo  of  Cuoamonga  Bti'oam 

8 

or  springs  at  that  time? 

9 

A.  I  think  I  made  nomeasuiemont  of  wator  in  the  west  strMm, 

10 

at  least  I  have  no  record  of  it,  I  can't  find  tho  record. 

11 

C,  What  time  in  '85  was  that? 

12 

A,  I  c>uldn*t  ttill  >/ou;   I  don't  rem«nhor. 

13 

C 

0.  What  do  \ou  refe     to  as  the  west  straan? 

°8 

A.  The  water  that  was  then  flowing  across  the  San  Bernardino 

-§15 

is 

county  road  at  the  west  side  or  od|f^  of  the  Rod  Hill, 

FFICI, 

SUPI 

1 — • 

CR 

Q.  Wasn't  it  flowing  on  thewost  side  of  the  hill  at  that 

°      17 

time? 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

^ 


1 

2 
3 

4 

5 
6 
7 
b 
9 

10 
11 
12 

.-     13 

■I 

-  «  tc    ,    , 

--^ 

z  "  5 

a  .  i  15 

a  <  jjj 

J    O    3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q.  '^as  it  flowing  OB  th«  vest  side  of  the  hill  at  thut  tiiil 

A.  It  was  VAter  all  rising  wit/iin  tat  ■•ction  froci  th^ 
cienajogss  and  so  on,  and  cams  dcwi  and  flowud  acroaa  the 
county  road, 

Q«  Did  the  stream  flow  tVion  in  the  sarae  channel  between 
those  two  hills  t  at  it  did  at  the  tias  repreBcnted  by  this 
map? 

A,  W  at  do  you  mean  by  ^  etween  the  hills? 

A.  T::'->.rv  is  a  sort  of  a  depraseion  marked  here  W:  ere  this 
stroa^i  CO  les  trrou  ti  the  Rod  !'ilifl  in  section  4. 

A.  I  understand  t'  &t  this  bluo  nark  represents  the  flow 
of  the  wash  of  Cucaraonga  Creok. 

0,  WHeroabouta  did  t]iat  west  e'roam  flow  of  which  you  apoke  ? 

A.   It  croaaod  t}i©  San  Bemsrdino  road  near  the  southwester- 
ly i  art  of  lot  3  in  i- action  9, 

:,;.  And  repreaontod  on  this  piainliffs*  exiiibit  1? 

A,  Tes,  sir. 

Q.  And   Tron  wr  at  diroction  didit  cone  in  crocLing  tiiis 
road? 

A,  Nearly  north  and  weatorly  of  north. 

Q.   It  flowed  on  the  v/est  sida  of  the  hill?  Then  it  was 
in  thiij  90-acr8  tract? 

A.  Y»B,  sir.  It  C0D8S  on  practically  the  saiae  wash  thht 
is  Uier«  now  on  the  ground. 

Q,  Tou  say  '  ou  I'lave  no  record  of  tha  tMur— ent  you  Bade 
at  t^  at  tirae? 

A.  No,  Bir;  I  was  w;th  Mr,  Lynch  Senior  and  we  aade  a  r.Mas 
uruu^nt,  I  an  quite  sure,  quite   ruu'^ly,  as  he  was  interest- 
ed in  it. 


1 

*< 

3 
4 

5 

6 

7 

8 

9 

10 

11 

12 

X  13 

■I 

z  I-  (-■ 

n  -.  s  la 
"is 

-•  O  3 

i"  16 

17 
18 
19 
20 

21 

22 

23 
24 
25 
26 
27 
28 
29 


— — — L. 

Q.  HaTc  you  any  recoii«»ction  of  v  at  t>.«  aoount  waa? 

A.  Only  va^c.  I  tan  lell     uu  n  at  I   '.  ink  it  wei.,. 

CU  W'*at  do  yea  think  it  was? 

A.  I  U    nk  it  was  sorist^a  g  upwards  of  about  7b  indiss. 

0.  But  you  don't  rt»  ©irber     f  e  time  of  the  ^uar? 

/^   It  ma  quito  warm  weat'  er.  Tat  in     .^  o  only  factor 
I   can  ramenbcr. 

Q.I  believe  it  wac  in  *iib  tbi-t  you  firat  bec»jne  interoat- 
ed  in  the  lancu  in  t^at  aection  yuurablf? 

A.  Yea,  uir. 

Q.  And  you  spoke  of  being  one  of  four  or  five  purchaaera 
of  a  8evon-th(  uiiand  aero  tract? 

A.  Yea,  sir, 

Q.  Wv^at  die   th>.t  7000  acres  include?  When'  did  it  lie? 

A.   I  could    Tobably  te.l  a  little  bet  tar  from  that  last 
exhibit,  bocaui.e  tiat  practically  showa  the  7000  acres, 

Q.  The  exhibit  itsfdf? 

A.  Yes,  sir. 

Q.  Did  thut  7000  acres  extend   from  the  eastern  aide  of  tha 
grant  to  <iie  wesl^rn  side? 

A.  Kot  to  thewestcrji  sido,  except  the  Intertist  t>»t  we  had 
in  the  contract  with  the  Chafffys—  tiat  the  Chaf J'eya  ware 
to  pay  for,  over  to  tVe  west,  and  t-et  is  part  of  Onta  io 
now. 

0.  The  brown  or  yellowish  brown    lines  on  ttiat  diagnuB 
which  has  been  introduced  as  defendant*a  exhibit  *A"  oairked 
ths   bounds  ies  of  the  ranch? 

A.  Yes,  eir, 

Q.  Bid  your  purchase  include  anything  alaa  axeept  what 


-^x. 


was  in  tRg" 


ana 


ir 


1 

2 

3 

4 

5 
6 
7 
8 
9 

10 

11 

12 

X  13 

2  •-  H 

5.1  15 


5is: 


16 
17 
18 
19 
20 
21 
22 
23, 
24 
25 
26 
27 
28 
29 


A,  A  oajority  of  our  landB  «aa  outBia^  of  the  ranch. 

Q.  Ihich  BidoT 

A,  Th0  OEHt  cm  isouth* 

0.  Dods  D  ofenduata'  Ixhibit  *A*  show  tie  entire  tnct  t  . 
you  purchased? 

A*  I  t'  ink  the  r.ntire  map  will  taka  in  all  of  rhe  purchase, 

Q*  How  do  you  doacribe  it  (n  this  napt 

A.  It  is  Qoatly  reproaonted  by  lines  of  subdiTiaion  into 
lots  in  the  di  fforent  aections. 

Q.  Both  inaido  and  outslooT 

K,  Insido  and  outside   of  the  grant;  and  Ihter,  the  next 
year  or  tli^it  fall,  we  purchased  aore  insid*    of  vha  grant, 
from  the  Cuccunonga  Homestead  Aascciation,  in    section  4 
and  section  3. 

Q.  Thfit  Wlb  within  ^he  ^ont  linu? 

Km  Yes,  iir. 

H,  Did  you  buy  any  interest  in  the  '.>26  acre  tract? 

A.  No,  Qir;  except  t  at  we  had  one  half  of  thu  water  flowing 
froa  it. 

Q.  Boos  this  subdivision  inside  of  the  grant  have  any  par* 
ticular  nana? 

A,  le  always  nained  it  in  soctions.  I  continued  tho  govorn- 
ment  seetionising. 

Q*  Iliere  was  the  Iowa  tract? 

A.  It  waa  about  a  mile  north  of  the  line  of  the  Cucanonga 
HODSStead  Association*  That  is  on  dof..ncants*  ex>iibit  1. 

Q.   It  ia  notport  of  Uie  lands  which  you  purcl^aued? 

A*  No,  air. 

Q*  Did  you  make  no  invoBtig  tioi    into  thia  water  problea 


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.9 

tofore  you  bo  .^it  into  tKat? 

A.  As  far  em  I  >\ave  any  record  of  tJif  BBaaurflnent,     I  htTt 
not.     I  Ma '  t>.a  #.iit«r  fioiring,  and  J.  C,  Lynch  idio  had  baon 
thf;  r.')anrL';er  of  t}ia  CucMwagi  C«Qjany  for  aona  monUia  pru- 
tIous  >iRd  bexn  over  it  lack  and  forth,  and  I  boiv-rf-it  in  »ith 
hiju, 

Q.  How  oaiiy  of  you  werr-  intoreatod  in  the  j>urchuao? 

A,  Originally  thrao  of  ua  got   tho  da^d.  Mr«  Wickf,  Lynch 
and  myself;  bat  I   took  a  half  mtsr  at—  half  of  my 
int(.  roat  waa  intead-^d  for  Wr.  llod/^ino. 

Q.  Tiaro   i^^^ro  nore  tiian  thrc:-.  of    /ou  tl^t  j  .'^8  firet  con- 
cerned in  tiia  purcha  a? 

A,  Four. 

Q«  Wio  was    Li)  oti.or  ono? 

A*  U«   'l.»  Hod^ina* 

Q.  Tho  rot  ordof  xhe  firat  aoaBUj-eiat^nt  thtt  you  oada  waa 
that  of  'e^^? 

A  •  'Die  first  record  tliat  I  have    yt  of  nry  oim. 

Q.   Did  you  or  your  corapany  ever  cultivate  any  of  thoae 
lands  voir  solves? —  of  the  7000  acre  tract? 

A,  I  ti  ink  only  by  leasing  to  ot>;or  people. 

Q.  What  mn  tlie  first  work  t  at  wao  done  t   ere  to  obtain 
any  water  from  tlie  526  t acre-tract  a^*^  r  your  (urc  ase? 

A.  I  tr.ink  the  first  w.rk  th;.t  -.'as  done  ^^a  tho  Inying  of 
tho  50-inch  line   from  tlio  creek  division  box. 

Q«   Abuii.  w^ien  was  t  at  done? 

A.  Either  the  fall  of  Ifieb  or  early  m  *oo. 

Q.  Was  i-he  cons t.ruc ti on  of  this  "Y"  Tunnel  a  part  of  the 
work  that  was  done  ^o  obtain  imtor  f  om  that  tjpact? 


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A.  y©B,  air, 
Q.  By  w  at  ccmjjany  nia  x  ut  done? 

A.  By  tba  Cucaniorvga  Fruit  Land  Coaj^>any, 

Q,  "Sfae  that  a  ccmpttny  ori:3nii©d  by  you  and  your  co-pur- 
chaaers? 

\.  Yea,  sir. 

Q  •  And  the  purchaoo  Uiat  you  made  wan  transferred  to  it? 

A.   It  wan  ail  transferred  to  Frank  A«  Gibson  and  he  trana- 
ferred  it  to  our  cor,. -oration. 

■j,  TJie  CucaDon(£p.  Fruit  Land  Coriijany? 

A.  Yea,  .ir. 

Q.  W-jit  waa  the  naxt  work  done  after  the  construction 
of  the  y  tun  'el,  looking  to  ^h.e  eazno  ends? 

A.  The  next  inprovonent  was  on  the  weat  aide  of  the   Bady 
tunnol—  of  any  conaoquenc   ,   I  iiioan. 

0,   And  t  «t  waa  begun  by  the  rucar::on£;a  Fruit  Land  Conii^any? 

A,  It  waa  begun  and  con^jleted  ae  far  aa  that  period  of  it 
went. 

C.  'i^o  put  down  tjiia  well  no,  14? 

A.   I  don't  know  v/hether  it  waa  the  Oucamonga  Fruit  Lund 
Com]«ny  or  N,  *,   Stowell,   acting  for  the  cou4)any. 

Q.   If  Stowoll  did  it  it  waa  under  a  contract  with   the  Cuca- 
raon^Ei  Fruit  Land  Oonpany? 

A.  Yea,  :  ir, 

0.  At  t  at  titaa  thoKady  Tunnel  had  be  -n  axtanded  up  to  this 
well? 

A.  Well  No.  14.B 

Q.  Yhb,  tur. 

A.  N  >,  sir;  it  ..v^  ov   jO  foot  from  it  or  ..  hundred,  and 


'    '    >* 


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1  poBoibly  200. 

2  Q.  How  hif^h  did  the     a^er  8  .and  m  wuLl  no^.  14  w  en  it     ?..: 

3  first  put  down? 

4  A.  )fy  nemory  is  it  f lowed  ov  r  the  top, 

5  Q»  How  der.p   holR  it? 

6  A«  I  can*t  tell  you  off  liand*  Tho    aeasu  eaDnts  are  in 

7  here, 

8  Q,  Do  ycu  remember  when  t  at  was  done?  las  t  at  in  '9  ? 

9  A,  No,  air;  it  w^is  not  *96,  It  was  later, 

10  Q.   '97? 

11  A.  I  think  you  will  find  better  teetirrtony  t^^n  mine, 

12  Mine  is  oemory  only.  I  think  it  was  '99,  oyeelf, 

13  Q.  After  it  wa^!  put  dcvn  —  was  it  coiapletad  or  wae  it 

14  aftorwarns  low  rod? 

15  A.  I  think  it  wat  nevor  lowered,  but  t'   t  I  don't  know;  not 

16  to  ray  poreonal  knowledge, 

17  Q.  When  was  tliat  well  first  cut  down? 

18  A.  To  V?'  at  dejth?  You  mean  cut  down  to  tjie  tunnal? 

19  Q.  Not  from  tho  Kady  Tunnel;  but  vou  say  tiiat  well  was  cut 

20  down,  if  I  romerabar  rightly,  some  tims  not  a  iffruut  ivhile 

21  af  er  it  wao  Bun|,  or  was  t  at  well  no,  2? 

22  A*  Tiiat  w&s  the  Stowell  (/ell,  or  well  n  .  4  that  I  testified 

23  thsit  to. 

24  Q.  W  ere  is  that? 

25  A.  On  the  tnict  a  little  northwest  froa  the  90'>acre  tract, 

26  and  now  flows  into  tho  Sady  tunnel, 

27  Q.  That  is  the  StowoU   wll? 

28  A.  Yea,  sir, 

29  Q*  Welly  no.  1  an  d  2  wero  not  put  d  wn  by  Stowell.? 


^    >    4 


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GO  <  uj 

-    « 


1  A*  No,  sir;  i.l  ey  vero  put  dowi  by  tb»  CuetMOga  ?ruit  Lmd 

2  CoBiiiany  undur  cor^trac  t  vith  80t»body,  and  20  years  a^  ui 

3  !Bor«.  I  tldnk  it  is  over  twonty  years  • 

4  o«  That  wo II  or  one  of  thea  was  cut  down? 

5  A.  Yefl,  air, 

6  Q.  \Wien  wa-  it  first  cut  down? 

7  A.   Along  about  *90,  I  should  judge*  It  watt  cut  dovm  about 

8  20  feot. 

y  Q.  Was  the  water  than  siphoned  into  ther^ady  Tunnal? 

10  A.  Mot  et  t  at  time,  T  at  water  ne\er  did  run  ivto   the  Eady 

11  Tunnel  V'  et  I  know  of, 

12  Q.  How  did  they  conduct  the  water  froa  tat  well? 

13  A.  It  came  down  through  a  lit*Ie  ditch  or  a  lower  tunnel 

14  t'&t  waB  nm  into  it  afterwards,  and  then  into   a  Masuring 

15  box  on  the  surface  northwest  from  the  90-acre  'ract,  and 

16  carr  ed  d'wn  in  an  8-inch  iron  pipe, 

17  Q,  To  whore? 

18  A,  To  fhe.  west  Bid  a  of  the  hills  to  the  CucaaongalaUir 

19  Coiqjany. 

20  Q.  It  never  did  enter  the  JS&dy  Tunnel? 

21  A,  Not  unless  it  ^as  a  s  all  portion  of  it.  There  was  only 

22  a  small  quantity  antnrod, 

23  Q.  Did  the  waters  fi-om  the  Kady  Tunnel  and   th  is  well  no, 

24  unite  at  any  place? 

25  A.  Not  unloHB  it  was  ri'^it  at  the  head,  unlossit  !  ai>>peiiad 

26  to  bo  turned  into  tJie  a*  aft 

27  Q«  It  wan  conducted  by  indopendent  cOTiduits  to  the  place 

28  of  use,  w  eroTer  that  nmy  have  been? 

29  A,  Yob,  uir. 


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(X    Wien  -vaa  well  no,  2  cut  down  the  second  tii»? 

A .  I  don't  know  t  at  it  was  aver  cut  any  lowar  than  ao  ai 
to  flow  out  of  the  iurface.  It  is  still  standing  at  60 
fO'.'t  aboTa   tJio  tunnel  now. 

Q.  %F  the  watar  divor^d  by  the  sams  means  all  ^he  tins? 

A.  As  long  as  the  water  flo//od  out;  but  it  stop>>ed  flowing 
years  and  years  ago;  no  wator  flowing  since  6  or  6  years 
ago. 

Q.  What  w  dl  is  that? 

A.   Artesian  Well  No.  2. 

Q»  Now,  well  no,  1. 

A,  I  tJiink  tJittt  coaled  flowing  about  twelve   /ears  ago. 
It  nevor  did  flow  but  t^  rep  or  four  or  five  inc  es. 

Q.  WsB  t  fit  ever  siphoned  into  the  Kady  Tu-  nel? 

A.  Never. 

Q.  l-at  water  w^s  it  t  at  was  carried  into  the  Sady  Tun- 
|nel  by  siphons? 

A.  The  Stowoll  well  no.  4.  But  tliat  was  only  temporary  for 
Ithfet  year,   >«^iile  we  were  drying  to  get  the  tunnel  to  tap 
It  on  a  t^ruxiQ, 

Q»  To  tap  wtdl  no,  4  on  a  grade? 

A.  Yes,   air, 

Q,  Did  + '  oy  do  f-att 

A.  Yee,    axr. 

Q.  W}i«i   «ie  the  Stoweil  Well  N  ,  4  put  down? 

A,  In  18W.,  it  was  started,   I  guess,  and  finirfied  the 
lyiane  year  .;er;  &,;s . 


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Q.  And  siphoned  into   tlie  Kady  Tunnel? 

A.  Probably  ^^ia  next  year  to  y  oorxienc^d  to  iiphon. 


li 


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Q,    About  how  rauch  jfat«r  did  it  carry  ti;«if 

A,   I  don't  know  how  -a  txi  it  carriod*  The  well  was  oatuaat- 
ad  to  flos7  about  100  inches.  It  didn't  flow  ^  at  ove     Uio 
surface,  biit  it  wau  ostiiated  at  100  inches  at  ^he  tunnel. 

Q,   Anti     ou  don't  know  how  cnjch  of  it  flowed  U.rou^  the 
sip}  ion? 

A.  Not  all  of  it,  but  30  to  bO  inchoa  wont  in. 

Q.  Did  the  Esdy  Tunnel  event  -illy  connect  ^^ith  tlv  t 

well? 
A.  Yoa,  cir. 

Q.  About  -rtien  ^«ls  that  accmpiiB  ed? 

A.  Soaotim)  in  '98  or  'Vy. 

Q.    And  about  how  far  below  iaie  surface  of  the  <^;roui]d  was 
the  Bady  Tunnel  when  it  did  cut  th^-t  well? 

^.  Very  clooe  to  100  feet.  I  haven't  :;ot  the  exact  figuros. 

0.  About  how  Buoh  water  did   ^he  well  give  at  tt\bt  tiaa? 

A    Approxiiastely  100  inches. 

Q.  How  long  was  it  befo!^  the  Sady  Tunnel  was  extended  to 
cut  that  well  no.  14? 

A.  That  was  idong  in  1903,  before  U^ey  got  the  connection 
flBxle,  onn  posribly  1904.  But  t'  '>it  would  show  better  by  the 
records  of  DioPower  Coopany. 

Q.  By  wliom  was  t     t  accomplished? 

A.  Tho  connection  was  nado  either  by  the  Ontario  Power 
C«qpany  or  the  San  Antonio  ^ater  Compaiy. 

Q.  The  Cucamonga  ?ruit  L^nd  Cos^Any  h  ad  before  that  dis- 
posod  of  the  tunnel  and  rtsitasti  axnndxlkexuddt    well  bot^  ? 

A.  It  had  disposed  of  ihowoll  bnct  t.ho  land  around  thewell. 


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Q.  Hov  near    ud  tho  CucaAon^  ?ruit  Land  Company  casie  to 
thla  woll  no.  14  with  thii  Kady  Tujuiel  before  it  dia- 
pOMd  of  it? 

A.  I  don't  ti^ink  I  ha?e  any  record.  Perhaps  50  or  60  or 
80  fe«t.  Toy  \tiil  already  run  in  one  lAumol,  trying  to  siph- 
on SOBW  TAter  OTor. 

0.  Did  i.)  ey  accomplish  t  ett 

A.  Thoy  holi>ed  ease  the  water. 

Q.  How  ouch  did   t  ey  get  into  the  R^dy  Tunnel  when  the  Kady 
Tuimel  itself  tap|)6d  Well  No,  14  on  the  ^rade  of  ti  e  tunnel? 

A.  I  don*t  know.   It  wau  a  god  strtam  of  watur. 

Q.  Did  you  oake  any  tasasur  m  nts  of  ihe  tot&l  amount  of 
water  flowing  f^om  the     Kady  Tunrtsl  after  Uie  well  14  was 
run  through  this  up^ier  tunnel  and   siphoned  into  the  lady 
TuiDiel? 

A.  Not  unless  the  iMa8xu*eci(vitt  nay  V^anre  bejn  ohovn  at  the 
wnith  of  the  tunnel  on  ti-iis  Sxhibit  52. 

Q*  «6uld  Kxhibit  3  sJiow  it? 

A.  No;  t  at  only  ahows  from  *94  down* 

Q*  What  is  it  t  at  you  have  in  y.-ur  hand  t  at  you  aay  nay 
■how  it? 

A.  Sxhibit  52  that  was  introduced  yostorr  ay  morning.  It  na 
show  the  aaount  of    ater  running  at  different  tines. 

Q*  Can  you  toll  by  the  measurementa  t>iat  ajJiaar  on  ^ht-t  or 
foantities  of    ater  ascertained  by  ■easurements  that  were 
mde  after  t};e  tapping  of  Well  No.  14  with  the  upper  tunnel 
and  'he  siphoning  of  tne  water  into  the  Sady  Tun  .el,  and 
#iere  the  Eady  Tunnel  had  reached  the  fell  No.  14  on  the 
gnule  of  the  tunnel? 


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L  ^l 

A.  I  don't  Uhink  I  could  teil  accurj  toly.  I  don't  kno*   Uie 
date  well  enoKxi.fi, 

Q.  7  at  vrero  you  Hkiiigx  naking  thoso  oaasureiaoiita  for? 

A.  Most  of  thase  meaBuracaente  at  t^  at  tinB  were  nade  for  tht 
purpoaea  of  ^hQ  UcPheraun  caaa. 

0.  That  caao  waa  tried  in  19' ')? 

.^•  In  Ptibynary  and  March  19<)0. 

many     of 
0.  And  knc  iaap;  aJdlax  thaae  monmireracntM , which  wara  intro- 


(iucod,w«re  nada,  prior  to  ^he  c  ^  ,  .  .iir  .  *int  of  the  auit? 

A*  Mary  of  Mie  older  onea  wara  oada  before.  Many  of  tham 
bada  to  aatlnate— ,  woii,  to    ;et  the  amount  of    at  r  floving 
for  the  purponaa  of  the  stock  of  UieCucuvxnja   '     <  ^    i  c  .- 
pany. 

Q,  Ti'.at  ie,  to  d'  liver  to  theai  the  atiount  which  ^iie  etwck 
called  for? 

/^  .  To  deliver  to  t  on  tha  amount  the  slock  calXoa  for^  at 
naar  aa  wo  had  it  to  deliver. 

Q,  Didn't  you  in  the  couflo  of  _/oui-  efforts  m  uiut  aec- 
tion  of  the  country  to  increa  e  tha  water  au^'ply,  maka 
oaaflureiatinta  from  time  to  tii^  to  as  ertain  the     of  for  t  of 
w  at  you  had  done  with  raBrf^nct    to  increasing  it? 

A.  Why,  yoB. 

Q.  Vien  you  aiphtnad  part  of  iiiis  wat  r  of  Wall  No.  14  into 
tha  Sady  Tunnel  didn't    -cu  make  xaoaauraiziunta  to  ascertain 
the  extent  to  which  \cm  increased  the  watera  of  the  JSady 
Tunnel? 

A,  Aftor  thtit  Well  No,  14  «aa  'oo^;un  I  only  *ant  tnuru  par- 
aonally  by  request,  as  I  had  alrendy  1<  st  or  dispoaad  of 
all  ny  interest  in  t}io  fruit  Land  CORii>an(y.  I  had  no  ^^araonal 


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intevest*  I  wontout  r  en  I  was  hired  to  do  certain  things. 
Xlr.  Stuwell  was  in  entire  chtrf^, 

0.  Had  yf'U  diBposeid  of  your  interest  in  the  Cucanonga 
Fruit  Land  Coiai)any  till  aft  r  the  oonveyhncc  by  tat  com- 
pany to  the  Onta  io  Powor  Conpany? 

A.  I  dispoaed  of  ay  intcrust  at  leaat  twelve  ytart  tgi* 
I  think  it  was   *96  or  U. 

Q,  Have  you  made  your  aeaaurooontB  there   for  the  purpoie 
of  aecertaining  the  quantiti«7!  of  ^^ater  and  the  increasing 
and  dirrdnution  ainco  that  tifjel  youraylf? 

A.  Yes,  air;  as  I  «aa  hired  to  (^o  out  and  do  it.  I  have  a 
recorci  of  r.jy  laoaaureur  nts. 

Q.  You  were  then  ociployed  for  the  purpoaea  of  tho  contro- 
Yersy  with    ycRierson  and  othera? 

A,  Yeo,   air» 

Q,  Your  first  moaaurenent  of  July  15,  iBtiS,  at  the  DiTiaion 
Box.  in  t^e  creek  showed  a  fiow  of  184,56  incheo. 

A,  Yen,  air. 

Q.  There,  had  boon  a  measurecidnt  coade  by  Culver  previous  to 
that? 

A.  The  year  previous;  yas,  sir. 

Q.  And  Diore  wao  a  considorabie  quantity  last  in  'CV  w!;en 
you  neasureci  than  t- an  w  en  Culver  f.:uasjroc? 

A,  Consif^oranle  more. 

Q.  When  you  raoaaureo  it? 

A  .  Yes,   Bir. 

0.  Ana  whon  waa  your  next  meaeurerient  ? 

A,  Tivi  year  fl lowing 
Q.  Whan  vas  it  then? 


3 


X'^A) 

1 

A     260.03  inches. 

2 

Q,   Do  you   reiaw  bcr       :-  t   urac-o      vi    vhe  tLusi  n  v.  i    'ov-VO 

3 

as  ^^  th0  qiian^^ty  of  rainfftil? 

4 

A  .  Y'^p. ,   ^>i !". 

5 

■•.    '"    ^    waj!   i\'> 

6 

A.   It  was   very  ^ eavy. 

7 

0     '•''»•  It  thr  heaYiefit  t  at  ^  ou  have  over  kri  .  n  in  ihiB 

8 

count  7? 

9 

A.  Not,  tho  BOBt  irK}i«8  fall--  I  thi»ik  I  knew  ono  tiiat  «a8 

10 

h6tivier,  but   It  nite  per  ape  the  next  heavieet. 

11 

Q.   ^\ava>  «au  the  heaviest? 

12 

A.  I  t  ink  it     ae  in  t  e  •70'b;  bui    t  at  xs  only  meiac/ry 

.-     13 

■I 

0.  But  Binc«  you  bou^^t   into  the  Cucwrjon  a  country  in  •fab 

5  S  S\  , 

the     eeuBon  of  'B^  and  ft90  was  the  aeason  of  ^ettest  ruin- 

2  ■  5 

fall? 

0 

A,  y<>«,  tir;  to  ny  knowled^^e. 

17 

0.   And  your  next  OBasurecient  vas  nade  -  esn? 

18 

A.   TJie  next  neeHur'r.ient  I  bate  waa  S-eii^teinbor,  1   ,  18V4. 

19 

That  ia,   four  yehra  later. 

20 

n.  And  wV'at  waa  it   *^  ad^ 

21 

A.  T^e  Tiain  b  ream  wab  160, ,51   inc>ieB, 

■)7 

0«  f^at  tirjB  of  the  year  irae  t^iat? 

23 

A  .  Septenber  I''). 

24 

Q.  Then     our  noxt  neaaureimnt? 

25 

A.  Juna,   the  year  fell -dn^;   '90, 

26 

Q.  And  was  w'-at? 

27 

A.  19^<,53  incheB. 

28 

0.  Do  you  remember  w  at  iiiu  chaaacter  of  the  aeation  ofi . 

29 

1894  and   •:)  waa? 

1 

2 

3 

4 

5 

b 

7 

8 

9 

10 

11 

12 

X-  13 

« 

2  •-  K 

_  X  s  .  , 

--^ 

s.i  15 

B  <  uj 

-•  O  3 

17 
18 
19 
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21 
22 
23 
24 
25 
26 
27 
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\.  Y'JB,  air. 

Q.  Wl  at  w'lB  if 

A.  It  wns  a  <3;o(d     e&son.  It  vas  a  wet  soason. 

0.  And  *>'o  next  neaBurwii^nt  waa  lf^9f)  and    '9  :  low  was  t  at 
seacion? 

A.  !Riat  wac  &  t^o-t  n^infall. 

Q       W^en  cii;     ou  nttaairo  it? 

A.I  didn't  perao  ally  meaaure  nejct--  V--^.  nar.t  thrtj     noaa- 
urenynta  I  h&vo  ware  B»de  by     r.  IrHttA, 

Q     And  V.oy  were   f/'at? 

A.  1«9.'  .  It  waii  1.52,40  inc  ea. 

Q,    And   '.i,o  next? 

A.  104.90. 

Q.  And  to  next' 

A.  Jhoca  76.68. 

Q.   Hnw  was  l^e  aeaaon  of  '96  and   *V  for  rainfall? 

A.  Thut  wuB  a  fair  averaf^  seaaon. 

Q,  And  w  at  waa  the  first  maaaurei.ioii  r,  xn  uiu  joxii...iii^ 
■uczner  or  fall? 

A.  104.90 

Q  Prom  your   '  baervation  in  Ui  t    aec'-icn  ui   ccAint:y  ana  yucr 
eaqjorionco  generally  how  lon^;  after  ri  aoai-on  of  ruinfall    , 
frtiother  it  be  great  or  Bfiiall,    la  it   before  its  oficct  la 
fUily  fejt  down  in  tho  vicinity  of  tJeCucHcionaa  S>iX'in^? 

Mr.  Britt:  Objected   to  aa  not  proper  croaa  exaciinalion. 
Mr,  fri:^it  has  not  be  n  introduced  here   for  r^joae  of 

•o«oalied  expert  eviduncu,   anc   tJiia  ia  calling  for  opinion 
and  conciunion  of  the  witne  h  about  naat  era  aa  to  which  I 
don't  know  v  ether  he  ia  prepared  to  give  acicintific  avi* 


AiBux 


I  ■}    i 


3 

4 

5 
6 

7 

8 

9 

10 

11 

12 

z     13 

•I 

2  1:'-" 
sog  14 

--•^ 

9  r  CE 

s .  i  15 

n  <  uj 

-  a 

-" !?  3 

:    16 

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HKt  denco  or  not*     I  think  X  do  know  th  t   it  ii  not  proper 
croaa   yxarunation. 

Ikro  Court:  Wai  ho   axam  nnd  on  ex  ert  lin^s  on  Uk.   .    nuor 
heft  r  in/ ^?? 

Mr.  ChaiJDMLTi:  Thie  is  not  export  opinion,  but  it  is  on  ob- 
served fact  frcHn  thu  tiaw  of  tho  season's  riiinfali   when  the 
•treaa  below  was  a'r'ected  by  the  rainfall,  und  I  ai;  sj«eak- 
in^  of  this  country  during  the  tioo  ha  ha*.  Imf.-Ti  it,    from 
•85  until  this  ^iiae;  and  I  submit  Vtt  u.tj  croea  cia;..int4i.ion 
of  this  (ratnesB  or  arr/  other  in  this  case  on  this  s  bjaot 
ow,^lt  not  to  bo  broiviht  within  such  ?ery  narrO'/  limits  as 
coimo'd  inaifits  upon.  We  know  that  the  sole  oboct  of  all 
the  witnea«'s  bxarnina' ion  in  chief  is  to  suv^t^t  to  the 
Court's  laind  tliat  t.lie  tunnel  or  tiie  Ktidy  Tunnel  and   the 
Sixttijintii     troist  woIIb  ana  i,hp  Fourteenth  Stroot  wells  have 
an  fcf  ect  in  dinini..hing  the  water    in  the  Cucaniomria  Springs 
•nd  periiit,>B  in  othor  places  whero  tiiey  aro  ciaiuing  that 
the  waters  Irnve  subaidod  since  theae  U;in''8  wore  oone*  Now 
we  tMnk  wo  can  s^ow  tha  same  factoids  that  '    ey  are  en- 
deavoring to  proaent   to  <,he  C  urt  were  taking  place  be- 
fore  *.>ier©  was  any  Sijctecjjt^Ji  Stroit  or  Pour  to -nth  Str-    t 
wells  conr^ecteo     ith  the  Kady  Tunnel,  and  even  an  oavly 
as  the  very  beginning  of  thcKady  Tu-nel;  ana  we  ou^it  to  be 
permit 'od  to  show  liuro  to  -ho  ond   u  t  u    theCourt  may  jua^jo 
of  tbo  value  of  the  testimony,  ana     he  proper  inforencos  or 
conciuaions  be  dru-.n  from  the  whole  situation. 

The  Court:  Your  idea  is  t  at  it  is  not  an  expurt  opinion, 
but  ruther  an  observed  fact? 

Mr.  Oiupoan:  An  obuerved  fact. 


1 

2 
3 

4 

5 

b 

7 

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X-  13 

•J 

<  S  " 

z  "=  S 

«  -.  g  15 

a  <  jj, 

_:  u  3 

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]9 
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MR.  Britt:   I  a^rou  with   ccunuel   t;    t  Uie  witness  taay  be 
intorroxj^d  as     o  any  factQ  which  would  illustrete  thu  case 
batwaon  the  boring  of  a  woil  in  one  piaco  ana   ihe  disap- 
pearance    of  tiie  itream  in  another.  Bui  ho  is  aakbd  hera  for 
a  conci   aion.  And  unlaes  he  is  an  expert  wit.nnnr   mr.c.  ncvum" 
tooed  to  sake  thone  deductions,  tJie  Ciurt  li.  au  o  nt  to 

draw  such  &  concluaion  as  th©  witne^iz;.  And  ho  ouj^it  not 
to  l)e  iiitorro  mt  d,  we  not  Viavin^^  off  rod  Mr,  Wri  ht  for 
tho  purpose  of  scientific  or  opinion     Viconc, ,  He  ou         not 
to  be  inte !T0  -ated  on  conciusions  at  ail,  but    ;oy  be  in- 
torrogatod  as  to  facts  and   fi^rures  f  om  which  the  Court 
will  draw  conclusionB. 

T^ie  Court:  T>ie  o  ly    quoation  is  tho  purport  ana  effect 
of  this  question.   (QuosMon  read.)  I   'hink  Ihcquestion 
involvt;8  not  only  obsenraion  but  ox^jort  knowled,:e  as     cii. 

Mr.  Chapan:  Q.  I  wi_l  fraioe  the  question  diffe.-ently. 
Have     ou  obsorvod  as  a  fact,  Mr.  frif:^:t,  tlat  af t  -r  a  season's 
rainfall,  there  does  api^oar  id\j  ai   forencc,  in  u*o  aoouni  of 
water  fl  wing  in  the  Cucamonga  Crook  at  theCucamon  'a  Springe? 

A.   I  >'£>w  observed  t  at   tore  is  more;  but  we  always  use 
A*)d  I  always  used  to  believo  and  do    qret,   t>:at  we  4on*4  fetd 
tho  effects  in  the  Cuceunon  a  Springs  or  in  Ois  articular 
locality  the  full  effo<  t  the  first  season  following  the 
heavy  rain. 

Mr.  Britt:  I  ask  t}iat  t^e  answer  of  '^e  witness  b«  ttrioken 
tut  a.*^  not  ret;pon8ive  to  thequestion  am,   secondly,  it  is 
expr'jsaive  of  da  ductions  or  oonclusions  upon  a  natter — 

l^ie  Court:     His  ans  er  is  like  Jun  ;t;  Cua^^an's  quest  on.  It 
covers  both  branc>.es.  He  s  .ys  I  have  observed  ano  ttien  also 


1 
2 
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12 

r         13 

■I 

--^ 

B^i  15 

n  <  jj, 

J  O  3 

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i    >     ^ 

■t&tas  a  t;6ory.  The  motion  ^111  be  ^rniiXAit,  I  thmk  j  uu 
hud  b«t?.er  rtraci  thociuoBlion  to   ^'  <^  iitnofct  and  let  ;.iifl 
ans^ort 

Q.  Did  yuu  obs' :rv«  as  a  fact  t'  eit  after  a  season  of  honvy 
rainfall  there  would  bo  an  increase  of  i/ateis  in  'ho  rucazaonga 
Spi-in^s  sorjtt   time  or  ot:    r  subaoque/iMy?  Bon't  Bfa.y  *:;fen,     b 
Imt  did  you  obsonre  tl  ut  auch  a  fact  foiiuMtd. 

A,  Yes,   Hir. 

j.  Have      ou  obeu  vod  It  raoro    Liun  cticu? 

A,  Yes,  sir, 

0.  About  how  long  after  U-.e  aeason's  rtiinfall  would  it  be 
bef .  re     ou  obat? -ved  t' fit  fact  or  i  -it  effect? 

Mr,  Britt:   I  think  t- at    is  a  le.;_^itiiaato  question,  relating 
to  the  witness*  obsotvalioni  but  I  don't  v/ant  tiio  .'it  ess 
to  eab&rk  in  a  tlieoretical  ;;tateEient  of  ■;,   at  V.e  buli<ivt;s  •• 

>.  I  have  observtid  an  inci'eaae,    soae     ad.  But   lie  effects 
continuea  ovur  tlie  ne^ct  jpax  ae&iion. 

Q  Havo  you  obao  vcid  after     years  of  soall  rairjfall  tliat 
it  hais  btjon  fallowed  by  €tn  obs^;rvud  diaiin  tion  in  tlie  quan- 
tity of  'ho  Suream? 

A,  At  futurt;  nines;  yes. 

Q.   At  about  .;!iat  len/^  of  time? 

A,   Before  Mie  sprim^  and   cieno^^s     ould  shot  the  of  fact 
much  it  would  be  a  year  or  more. 

Q.  About  v;hen  die.  the  CucanionQa  Spria^s  begin  to  dicdn- 
iah  in  quantity  from  ystir  to  ye&r  as  you  hate  obsi-rvcd? 

A,  You  ref'T  *o  'ho  cre'.k  «ater? 

Q.  Yes,   81.  ;  tlie  orcjk   vat  r. 

A.  They  hate  ,^env rally  diioinished  every  year  over  tinco 


kJ 


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11 

U 

X-  13 

al 
z  «  5 

«.i  15 


a  < 


is 


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•vo 

,  txcept  U-^year  'Vij  whon 

t>:( 

jy 

increaottd  ali 

'tJLy, 

and 

the 

])a8t  ^ar,   1907  ihb^    ^nc 

reaaed 

over       tit 

ojr  •'  y  re 

two 

ye  ra  a,iO, 

Q. 

How  WEB  i.he  yoar   *9b  ana 

»; 

and   '96  and    *'f 

aa  to 

Lhe 

tfli' 

'int  of  rainfaii£  aa  conpartKi 

wii 

t.h  throfi  or  i 

'our  or 

five 

years    5)reviouyly? 

A. 

*9b  and   '6  t);(;re  waa  a  v 

ery 

li 

•  t  iainfall, 

,    '96  ana    '7 

watt 

an  aterage  rainfall. 

Q. 

And  how  was  18V4  and   *b? 

A. 

A  /laaty  rtinfall. 

0, 

And  *92t  and    M? 

A. 

Vary  li'^t. 

Q. 

And  '92  ad   '3? 

A. 

Thiat  mB  an  averaf^  rain 

fall. 

0. 

How  L-!  !ch? 

A. 

19,62  do  n  nere. 

Q. 

And  1901  and   '2? 

A. 

Tiiat  watj  a  /^ood  average. 

17, 

.42. 

> 

Q. 

Arid  1902  and   '3? 

A. 

Hiut  in  a  mistake.  That  ana- 

er 

of  mine  abo 

t  1901 

and 

•2  , 

La  wron^y.  It  wa;-.  11.1  >. 

Q. 

And  1902  nno    M? 

A. 

17.42. 

CI. 

And  190jS  ana    '-i? 

A. 

9.57. 

Q, 

And  VjOA    -n    'h? 

A. 

20.76. 

') 

And  19013  and   *6? 

A. 

19.M.:. 

8 

y 

LO 

.1 

L2 


<  ^  o 


a  -  5 

IB  <  jj, 

_:  o  3 

-  « 


L7 
L8 
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25 
2b 
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29 


.  And  1V06  and  •■/? 

A.  22,61. 

Q.    In  your  diruct  exaLnnation    >  u  were  aaked  if  >ou  kiMW 
about  the  hiutory  of  'ho  ao-cidied  SiJcVj^nth  S  re-*!  welle 
of  the  San  Antonio  Watur  Cou}.)any  to  the  north  of  Bast  Lxiiu, 
and     ou  anew©  red  t  -t  you  only  knew  the  SJLxttitjnth  Str--   t 
well  v^iich  yi-xx  thou  ht  wai  Weil  Ko,  1  of  \h::  San  Antonxc 
Water  Cooqpany  that  cot:?2encfcd  in  '96  or  thtreabouta. 

8.  Conamced  jjuaipiw^;  yee,   r;ir. 

Q*  And  the  Haekell  wellwau  soiric  yeuru  later  ano  co.x.enced 
possibly  in  1899,  that  that   was   'lit-  next  one  they  did 
cou  «3nco  pumping.  You  were  then  aaked  w  at  dia    .ou  notice 
aa  to  ^l,G  diu&p;/eararK;e  of  the  water  in  the  Cuc&£jon^.;a 
Springs  on  the  Kaut  aido  of    ha  Red  Hills  aubaequently  to 
the  operations  of  the  San  Antonio  Rat  r  Coi:yany  in  theHaa- 
kell  wall  and  ot'ier  wells  ni^rth  of  Baae  Line.  You  aji.^  crca 
that  th©  water  of  :.hd  Cucamonga  Springs  fell  quite   rapidly 
after  1899  as  shown  by  the  various  us  aBuietiiunts.     Did     ou 
no:.ice  anything  along  in  Uie  yoars  from  •9i)  and   '6  down  to 
1901  and   *li  other  than  the  pumping  of  the  Haakeil   wbils 
t)iat  concurred  witli  this  falling  off  in  the  Cucamon,  u  Springa? 

A,  Do  you  mean  any  otiier  developniunts  or  pumping  in  tiiat 
Tic  inity? 

Q.  Or  diaatic  conuitione, 

A.  The  jie-irs  were  dry.  Tiey  wore  v'-at  we  call  dry  years  in 
•99  and  1900. 

Q.  Ana  any  other  years  about  Uuit  tiue? 

\.  Yea,  air;   t  ere  was  a  se  ioa  of  dry  yeurs, 

Q.  During  thai  period  of  dry  years  did  you  notice  gtne rally 


■-' 


[. 


I  •  ' 


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4 
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7 

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13 


7  r  c 
5.2  15 

00  <  ul 

-  a. 

-•  O  3 


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in  Southom  California? 

A,  Yes,   riir. 

Q.  In  tho  year  1900  do  ;ou  know       ht  if  ah  thing  vm  done 
witii  reforcnfo  to  t-hu  "Y"  Tuuncl? 

A.  Too,  air;   I  do. 

Q«  Hiat  WEB  it? 

^.  It  «ao  dooi)e.m'd  at  *.he  upper  and  and  lowered  neerly 
10  ff)  t  so  as  to  r»k©  a  bet,-v.or  ,.;rade —  not  a  r.tnftper  grade. 
Anb  thore  va><  two  wells  bored  at  tha  up|jer  end  of  each 
branch. 

Q.  And  they  flowed? 

A.  Th>3y  flowbd  i"  to   the  tunnel. 

Q.  That  vae  in  1900? 

A,  Tee,   cir. 

0.  W^at  tinfl  in  19  0? 

A.  Co    .cncod  wtrk  in  May  of  t  at  3'ear  and  they  jjOb^ibly 
coHpletod  it  t}iat  year  or  early  ihe  next  year. 

TfiO  Court:  You    ave  «ivtjn  soco  fifjuroe  on  'iio    airfaii  m 
San  Bernardino.  How  f>tr  in  a  strai^t  line  ia     tlie  scene 
of  tbiH  liti^tion  fron  San  Bernardino? 

A.   I  could  atete  better  by  tho  rifip,  but  it  is  ap^jroxiiaate- 
ly  twiinty  miles,  and  almost  due  woot. 

o.How  doeB    he  rainfall  coupare  in  ^^o  ^icinittee? 

A.I  think  thi^-     ifi  noro  at  Cucaraonga  Uian  t.,.ure  is  hero. 

^  Cpji  you  f^ive  us  nny  idea  of  how  much  raore? 

*.  Only  f;-on  statements  f  on  others.  I  think  ^  ^^r*  is  10 
or  15  per  cent,  more  thorc  t^an  'ht*ro  is  hurtJ. 

Ur,  Chapman:    ).  W  ere? 

A.  At  Cucazaonga. 


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<  i  o 

M   -.  £    Is 


n  < 


O    3 


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Q«  Rainfall? 

A.  Y68,  sir. 

Q.  In  tiiio  plai!itiff*B  exhibit  37  I  boo  that   ^her«  is  a 
square  inaiclo  of  ijhich  tb'^r*-  ia  tfi  rked  526.97  acres.  le 
tJstt   Q\ti  a  ;ne  526-acre  tract  or  a  rc^jroeentation  of  it  on 
thifi  dia,-ron  in  the  Cucamon<.ja  Itend      of  which  wo  haia 
be  on  Bj^eJcin^^? 

A.  Yes,   air, 

Q.  IiiBide  of  the  aaoB  square  is  ca  rked  CucaiaDn@a  Land  and 
Irri^^ating  Coiapany,  V  at  is  that  intended  to  desi^iate? 

A •  Intondad  to  desi'Tiota  Ui5,t   they  ore  t;  e  ownera  of  ♦.he 
land    . 

Q.  Intf^ndod  to  designate  that  the  Cacanonga  Land  and  Irri- 
'.Bting  roD]3any  is  *ho  owner  of  t' et  l<;nd? 

A,  Yes,  air, 

Q.  Tltat  ia  ^he  tr  -ct  of  land  of  which  r-ou  say  you  boujit 
one-lialf  of  ^he  vvateiB  in  it? 

A.   In  1     0, 

Q.^The  Cucauorif^  Land  and  Irrirj;ating  Comi^ny  had  not  been 
organia  d  at  Xhut  tiros? 

A,  No,   cir. 

Q.  Ab  I    roLiefiiber  it  tifaa  incorporatec*   in  Io'p./? 

A.  Yes,   Bir, 

0.  The  "Y"  Tunnel   ie  constructed  in  that  tract  of  land,   is 
it  not? 

A.  Yes,   rir, 

Q,   And   the  waters  which  it  d.Telop  cone  from  that  tract? 

A.  Yea,  nir. 

Q«  Did     ou  have  any  arran/'iement  with  the  ownera  of  the 


i  » 


_  C  K 

2  0  2 

i  «.  o 

<  u  " 

2  ■  £ 

*  *  s 

-  O  D 

-  •» 


1 

-y 

t-i 

3 

4 

5 

b 

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9 

10 

11 

12 

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2i) 

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ot>er  half  of     th.at  water  mbout  the  con«l.ruction  of  timt 
•Y"  Tuimel? 

A;   Mr.  Heilci&n  repreeonted  '-ho  other  ojmers.  At  that  ticae 
there  was  five  ownora  in  the  tract  and  he  wa-  one  of  the 
fivo,  and     o  practically  controilod  it  as  far  as  t.ho  lay- 
80,  and  he  r^awe  us  tlie  wermiision  to  '.'q  in  and  conHtruct 
the   "Y"  Tunnol  and  trench  out  the  ditrhea  and  lay  tnepipe, 
and   tl<oy  received  ^If  ^he  wa^  er  and  we  received   '-he  other 
h«ilf. 

0.  T^^at  is  ihe  way  *.he  division  came  to  be  made?  You  oade 
it  vlth  the  owners  of  the  ot!  er  half  of  tiie  waters? 

A.  Yon,     ir. 

Q.  Did  'hm  pay  any  part  of  the  expenses  of  dtjvel  pnaentt 

A.  Unf  rtunately  tViey  did  not, 

Q.   Where  is  tho  Lone  Star  Tunnol?  Is  tne  place  whore  that 
tunnel   ia  located  includori  within  the  bcunda  of  the  iract 
tliat  is  represented  on  that  Exhibit  57? 

A.  No,  air. 

Q.    It  ie   indica'  ud  on  tiietract  on  Exhibit  1? 

...  Yee,   air. 

Q.  The  head  of  that  Uinnel  jb  on  w  at  tract  of  1  .nd?  How 
is  it  aoBcrilitid? 

A.  It  18  in  lot  11 —  I  dtn't  aeo  the  block—  of  iho  Cuca- 
mon^^.A  Homeatead  Aaaociation* 

Q.   And  north  of  Base  Line? 

A .  Yea,   sir. 

Q.    About  how  far  north? 

A.    About  a  thouaand   feet  or  a  Itttle  lass. 

Q.  ¥  ere  are  t)ie  two  wells  of  the  Lone  Star  tun/iel? 


\r 


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L    Ti.ey  ai-e  ahown  on  Plaintiff 'a  iuiiibit  1  at  tiie  haaH  of 
this  tuniicil,  and  well  no.  5w  which  is  in  the  norrhheaut  cor- 
ner of  loi  lii, 

Q.  And  how  far  la  that  kn.  wuil  no,  J  fron  Vne  Baae  Line? 

A     620  vv  630  feet, 

Q,   And  racing  from  o  at   ',0  weat,  which  la  tl:e  laoat  norther- 
ly, thij  Sixt©«mth  Str^iot  walla  or  '.ha  Lone  Star  Weila  No.  6T 

A.  Lone  Star  Well  No,  5  and   ''e  Sixteonth  Stre  t  wella  are 
all  en  oracLloally  the  aane  lino  oaat  nd  mvt 

Q  #  Do  you  know  ^iiat  the  contours  are  thert?  T^iey  are  not 
repreaantori  on  that  map,  are  they? 

A,  I  h^ve  no  data  to  tell  me  -he  coo'.oura  there  any  more 
than  the  geological  rap  woxild  tell,  I  >ihve  tht  elava'iona 
written  on  every  woll  on  this  cap. 

Q,   VMftt  is     he  elevation? 

A,  .*  ell  No,  5  la  1368  foot;  &nci  of  the  Mtst  Haskell  well 
or  well  no,  6,  135*3  feet.  Five  ft;  ;t  dif-ercnce, 

Q.   And  Ihe  Haakall  «o-ll  haa  :iie  ^jroa-or  elevation? 

A.  Y^ia,  riir. 

Q.  How  ia  it  with  thn  Rubxo  well? 

A.  That  is  oown  in  an  arruyo  i.nn   la     1396, 

Q,    W  at  do  you  ueon  by  "arroyo"?  Do  you  metji  in  the  Cuca- 
aonga  Witah? 

A,   I  hiV'^  hoL-n  roading  tiioK>;  oluvationa  oi   Lne  bUvOr,  I 
dicjn*t  H'^an  'o  do  Vnat*     I  do  not  aee  the  elevations  of  tha 
two  Lone  SUr  wells  i.iiere, 

Q,   Howis  it  on  theao  other  well  a?  Ie  it   'J;e    vati.r  oiovatxo 
or    he  surface  of  'he  ^;round? 

A.  T^iey  aro  both  given  on  t)\e  other  wella. 


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4 


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The  Haiikeli  veil,  1461 ,  as  Ue  »:round  elev&tion,  &nt    iie 
water    .'RB  139ii  at  that  date. 

Q  How  waa  the  wa'er  eidvation  at  the  Lone  Star  No.  b? 

A.  I5bti;  and  'i^ie     round  elcvbtion  is  1  .    . 

Q.    Now  oil  these  wee  tern  wells  noe.  1  ana  ii,  are  *iie  «1  ova- 
tions Li&rkdd  t.i  ore? 

A.  KlovaT.ion  of  well  no.  1,  14^0,  ^jround  olevation. 

Q.  Anti  t,' e  water? 

A.  I  dcn't  Brte  the  wat**r  thore  at  ail.  It  is  aarkud  on 
soEie  of  these  other  exhibil.s.  It  is  marked  on  an  exhibit 
tuiTied  in  by  ':'>r»  Couains  laat  May. 

Q.  Both  the  vater  elevationa  and   Uib  surface  of  the    ,.uund? 

A.  Yeij,   sir;  tljoy  bcth  are  marked. 

Q  .  About  when  ditJ   the  China  Garaen  cienegao  dry  up? 

A.   On  '.he  t^aat  aid'-,  do  you  re't-r  to? 

Q.   Yes,   sir, 

A.  They  practically  dried  up  in  18W  and  then  we  dt3velo;>ed 
ar  trifcd  'o  deyelop  a  litMe  uore,   so  t^mt  we  had  a  suall 
flow  in  ll/OO,  But  Uioy  were  mostly  dry  in  '.y. 

(.! ,  Do     ou  know  aVout  when  I  ey  "^e'^yan  to  diy  up? 

A.  They   he  -an  'o  dry  up,  Uiat  is   to  say,   they  ducreased 
▼ery  fast  at  the  time  of  putting  in  Uie  'Y"  Tunnel  in  *bb 
and   '87. 

Q.  And  wtii:   ti'o  v'utr  nov-'r  restorua  a:  u;i-  U:at? 

A.  No,   sir;   tiie  tunnel  and  trench  was  too  near  thaa* 
r  ey     ero  novor  restored  back  to  w^at  they  wnro  originedly. 

0.    Do     (u  know  an>'thing  of  theChina     oii,   bo-cuiiod? 

A.  I  kno.7  whore  it  is,  and  that  is  all. 

Q.  Do  vou  kno'.r  v/hen  it  was  borsdl 


I  »  ^ 


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aog  14 

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a.i  15 

S  <  ui 

:*"  16 


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^.   I  know  about  w^uen  it  was  borud.  I  laijht  mien  it  one 
year. 

Q,   Abov'*       :n? 

A.    About  'VB. 

Q.   W  ore  le  t' at  well? 

A.   It  is     weBt  and  a  lit, tie  aouth  of  the  Ifoiitaan  W-.ii  No. 
2—  bet  ovn  tharo  and  tho  Creek. 

Of  No.  2? 

A.  Too,  aj.r;   at    Jie  end  of  the  "Y"  Tanned,   it  ib  aou^h 
and  wtJBt  of  it. 

Q.   About  how  far?  What  are  you  deaignating  ae  Well 
No.  2? 

A.  I!eHc«ji  Will  No.  2  at  tho  end  of  the  "Y"  Tunnol. 

Q.  And  not  thie  well  to   the  w  at? 

A.  No,  eir. 

Q.  How  far  from  t  at? 

A.  Sonewhore  from  600  to  800  faot;  poo  ibly  1000. 

Q.  ihich  wa«j  the  last  of  t.boao  aprin-^o  to  ary  up? 

A.  In  l.he  creek  ilQHif? 

Q.  Yea,  cir. 

A.  T^  oy  no  or  c  o  dry  entirely,  T  ey  aiwaya  flovreo  aorne- 
thin^^. 

Q.  Thsro  wa^^  water  flawing  fron  tho  China  Cionega  when  you 
firt'.t  kno  V  it? 

A.  Yoa,    sir. 

Q.    And  tiut,     OM  aay,  has  all  dried  up? 

A.  Yeo,   lir,   in  Ib^j^J  and  1900  tho  China  Sprijvra  vaa  all 
dried  up.  Me  tried  to  puah  in  a  litUe     ipe  line  and  we  got 
■OLiothing  for  that  Beauon,  but  it  ran  out* 


.  Tliat 


-r — T r- 


JT 15^ 


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A.  Yob,  uir;   10  or  20  feot  below, 

Q,  %B  tlftt  Uie  laet  of  the  clone  ;,U8  to  dry  up  after  it 
raisod? 

A.  No;  bocauM  at  tl  at  time  the  oionoga  balcm  the  aouth  of 
the   "Y*  Tunnel  waa  still  running  aoDie  water  in  1900  and 
1901. 

Q.  And  v/  an  dia  t     t  cease  to  flow? 

A.   1  don't  know.  It  wiifi  all  dry  in  January,  1V04. 

Q.  IIov/  long  before  had  it  dried  up? 

A.  I  don't  know. 

Here  theCourt  taJcea  a  recesB  until  Vtfo  o' cluck. 

AFTfiHNCK^N  8KSSI(*N:- 

llr,  ChupLaii:  Q.  Vbc^  1lh:iv;ht,  I  spoke  to  you  tiiia  noming 
concoming  the  Lone  Star  Tunnel.  I  bolievu  ^i-ere  is  more 
thtin  one  Lone  Star  Turuel,   is       ere  not? 

i^.   Then;  iu  a  Lone  Stt^r  Tu/inol  that  was  du^  along  in  the 
latter  part  of  thb  60*8  at  one  m1 ovation,  anc  since  then  from 
about  19C'0  tney  mve  connected  belov  tue  tunnel  that  rxmn 
throu/-;h  t>ie  90-acro  tract  and  r^oos  up  into  tho  Lone  Star 
tract,  at  perhaps  60  or  70  foot  lower  elevation, 

Q,  Ana  w  at  is    he  l^^th  of  tat  tuuiei  last  construe  tod 
that  you  spoak  of,   in  IVOO? 

A.   I  could  only  tuii  it  by  scaling  on  the  laap* 

w.  C€Ji  you  til  Or.   it  to  ua  on  iJie  raap? 

'X.  Yob,  Lir;    'i.e  laat  (onstruc  tod  tunriol  etartec   just 
above  the  conter  uf   soction  3,  abovo  Uio  Old  f?^  til'  rji*   sand- 
box, on  plaintiffs  exhibit  1,  and     is  delineate c  on    ^^   uap 
exliibi^  1  to  Baao  Line,  and  f  om  t>;ere  it  io  na.v  conutruct- 
•d  to  about  Well  No,  5  and  tiie  Lone  SUir  tunrel  on  tiie  north- 
•eaiT^-—  V  of  fho  Lc*   1": 


I 


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-> 

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al 

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m  <  jj, 

^  O  3 

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si,  T  at  is  ♦.he  one  const  rue  tod  m  iVOu? 

A.  That  is  t^e  one  oo  net  rue  tod  or  I'iniB  ec  up  in  iVOl  ana 
•2. 

Q,  Conatructeci  land   finiahed  up? 

\.  Finiahed  up.   It  was  coffowncuoi  in  •-'• . 

Q.   knc  it  is  the  extension  of  l.he  sans  tunnel? 

A.  It  is  one  continuous  tuinei  I'rom  the  center  of  section 
3  to   'iie  northeaat  coiner  of  Lot  12, 

Q.  And  fron  there  abort? 

A.  There  is  another  tunnel   above,  but  th?  t  is  '>hn  first 
eievation  of  about  60  or  BO  fefjt  hi^or. 

Q.   Are  t  ey  boU'  connected? 

A.  No,   air;   they  are  at  difreront  olevntions. 
When  the  wat  r  ia  pumped  at  fell  No,  6  it    fluwn  to  Uie 
•urfftce    ,nd  comes  out  at  woir  no,  5  on  the  surface  of  the 
ft;  round. 

Q,  And  the  other  connects  with  wt  ii  no,  y? 

A.  In  the  Ic-er  elevation  it  coinccts  Aith  well  no,  5  and 
taps  t^et  well, 

Q,  What  is  the  eletation  of  the  ditch  whicii  u&ps  U:o  well? 

A,  I  don*t  believe  I  know    he  ejcact  elevation, 

Q,  Do  ;  ou  know  th^^  el^^vation  of  the  Lone  Ster  tunr^el? 

A.  I  think  I  havu    ,ot  data  that  I  could  look  up  lu  tell  tViat. 

Q.  Will  you  do  it?  Wi.l  you  look   it  up? 

A,  I  will  look  it  up  wi!ii  pleasure,  only  th>at  I  don*t  know 
that  I  have  it  in  San  Bernardino,  I  rjay  haie  .o  wait  till  I 
go  to  Los  hnfpldB  to  do  it. 


B 


Silt 

<  i  o 


Rtt-Direct  Kxwuination. 

Mr*  Brit>t:  Q.  You  c^jike  of  the  surfacu  Btrtaa    flowing  on 
the  west  side  of  the  Red  Hill   in  'o5. 

' .  Yeu,   I'ir, 

Q.  Vliat  b6('->me  of  t^iat       rface  etrMH? 

^«  It  coasod  flowing  as  a  suri'aco  Btrectia  solia  tlL^e  in 
•6^1,    *l\^J  or  '^0,  during  the  Buaaer  aeaBonB,  after  Tunnoi 
No.  2  waij  exchvatod. 

Q.  Tltat  Turmei  No.  2,  ia  BoneticieB  referred  to  as  the 
Eady  Tuiuiel? 

A.  The  same  tuniiel. 

Q.  How  vaa  thfjt  const. ructod  with  reference  to  the  surface 
atresn  that  you    ave  c»ntioned? 

A.   At  the  lover  end  it  is  BOnie  threo  to  five  feet  above 
tho  bottoci  of  Uie  creok  or  stream,  an(i  runs  on  a  (^^ruoe 
line--  I  tViink  it  i&  a  pretty  ste^p  grade —  about   .2  of  a 
foot  to  a  hundred  feut.  But  by  'he  time  it  las  i{,ono  a  few 
hundred  fut  t  it  is  be^ow  the  level  of  the  Btream. 
Tho  Btroan  t'  »tt    ;aod  to  con»  out  ri  t>*   west  of  t)  n  portal 
of  the     Tuiinol  Ni;,  2  hae  cotbod  to  fiov. 

V .  Ab  tJie  cjrade  of  the  tunntii  a  cenaed  what  was  its  posi- 
tion witii  rof 'r?nc  ;  ^o   ♦hfi  bed   of  ^ho  stream? 

A.  It  got  buiuw    iie  bea  ox    mI;u  citreaa,   of  course. 

Q.  You  nevtir  made  any  im  aBureinunts  of  t;  at  stream? 

A.   I  don't  t'ink  I  ever  got   >.tny  « aBur-a  nts  of  t  at.  Tliat 
wa:!  witrc    j.o   uLi'oamwaB  » asur^u  by  Fitsha^  ana  Cuivor. 
Both  of  thieir  measurwn'.ints,   I  think,  are  dot;n. 

Q.  In  ansver  to  a  question  by  Jud(j;e  Chapman  I  ^.hink  you 
laid  yourself  and  sociO  asBOciates  laid  a  50- inch    pl^^o  line 

.h.         1       :-[^^n^;^^birurof  vb.    Irindl 


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<  i  o 

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*.  Tharetbo  ts.   '66  o*-  the  litter  prt  of   'BS 
(J  State  w^ier.her  t>iat  wae   *>e  first  aj-jdinnco  for  Ihe  taking 
of  ^b«  wator  of  the  Cucamorv^a  Springs  for  irri^gation  pur- 

p08*jB« 

A.   No,  81    ;   it  was  'ho  first  appliance  that  the  assocoAtes, 
Hod^inu,  Wicks  and  raysolf  ijut  in  there.  It  is     he   first 
work  t  at  wo  dici.  It  'md  bo' n  used  before  in  en  open  flumj 
and  a  ditch  carrying  it  aro.nd  'o  the  Old  Settlors  ano  ^alf 
to    Tleiiaan  et  ala. 

Q.  When  vou  wwit  t  ore  end  accjuir^d  t^  e  interest  t  tt  you 
have  laentionMd  was  the  wattfr  at  t  at  tijo  in  use  for  irriga  • 
ing  parj)© 3«B? 

A,   All  of  ii   du  ing  the  irrigating  season. 

Q  ^as  t  at  so  of  Vhe  stn-an  fron  the  China  Ciun  ;^  as  well 
as  thrt  which  vms  af'erwnrdB  taken  into  tVe  30-inch  pipe? 

A,  Yes,  Bir;   t  at  ia  on   the  east  side  that  you  r^fer  to? 

Q.  Yef;;  on  the  eaat  aide  of   Ihe  Red  Hill, 

Q  W!.erf^  we  ■  t^at  water  then  heing  uc^d? 

A.   One  hiftlf     a.    being  carriod  over  to  what  is  call  d  the 
Cucaraon^'s  Cclomr  and  ^ho  other  half  is  being  ueod  mostly 
on   the  vineyards,  vnd   aoroe  on  the  orc^arris—  on  H  ilraan's 
land. 

'^.  Refor«nct!     as  hern  aade  on  proTious  occaaions  !o 
(luc-'nonRTa  Colony,  fhjit   wits  trat  Cucanon^  Colony? 

A.   Woll,   it  was  certain  settlors,  yanchester,   ?aitii  et  al. 
that  bou  :h^    land  of  the  Cucamongi  Conpany--  the  Son  Francis- 
co company.--  prior   '.o  our  jjurchaeing  the  interest  there, 
conprising  fcir  or  fivn  l-imrirFri  ccrss,  and  after.-.ai'rn  £i 
called  OlauB  A  arm  Class  B,   in  : he  aood  that  we  mada  to 


a  ^  ? 

<  ;  O 

M  J  5 
B  <^ 

J  O  3 


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the  CucaoDivi^i  Itter  Cooqfwny 

Q  That  colony  and  ♦.hOBO  lanes  that  cu  i)rM  ion  wore  in 
what  direction  f  run  the  CucaiBDn^  Vincyara? 

A.  Ea»t. 

Q.  Abou'.  UU.1  far? 

A.  T/icy  adjcin  the  Cucuaon^  vineyard  for  about  a  Liile 
north  &.d  south  and  reached  over  eaut,  sglio  of  ^hem,  at 
far  Bs  a  mile,  rioy  are  ail  ^lown  on  thtt  exhibit  no,  1 
of  defendants  triat  Jucir,i-  CiTaprran  intr«^uced. 

Q.    Wmt  use  did  tViey  make  of  tVie  water? 

A,  Trey  used  it  on  orclit-raa  tl  at  ^.v.v  Usn  planted. 

Q.    Concrning  liiis  arteeian  woil  n*.,  2,  who  uaed  the  water 
froa  tut  well? 

A.  The  Cueamon^  Watt^r  Coc:q]any.  It  ceased  to  flow  aooe 
oi.;'  t  or  nine  or  ten  years  a{;o. 

Q  Has  it  be ;n  used  at  ail  since  ihenV 

A.  No,   ai  •. 

U    I  unde  stood  you  to  any  it  ceased  to  f  iov^  about  '94« 

A*  It  cuaBod  to  flow  on  'he   sui'face  about  ib'-j-i,.  But  sane 
tin    ab<  ut   '97  or   '8  or   '9  t  ore  wa  ■  a  tunnel  run  in  caller 
Tunnel  No,  b  by  the  Cucancii  ;a  Water  Coapany  connecting  it 
wit]^  the  surface  ab;/  t  500  feet  to  the  west  of  it,  and  t,hor- 
was  water  usod  f roa  it  as  long  as  t  at  flowed,  which  was  per- 
hai>8  one  or  two  years. 

Q  Have  you  any  correction  -o  make  in  your  testiuony  relative 
to  the  connection  of  the  Bady  Tunnel  and  tho  Stowell  well? 
I  understood  you  to  say     in  your  cross  axamina  ion  t.iat 
it  was  in  abaat  iht:-. 

A.  That  the  Sto^   II  well  was  oonnactea  with  the  Jfaidy  Tunnsl? 


10 

11 

12 
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Z  =c  5 

a  -  i  Id 
r  16 


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Q.  Yei3.   I  don't  know  that    -ou  ha«.   I  have  heard     ou  dia- 
oiiMing  it  Bitice. 

'',  Discus. In^g  i*,  sinco,  which  waa  this  noon,     I  /^obc  I 
nais  wrong  by  about  a  year.  I  i.hink  it  was  1900  that  it. 
was  actually  connected  on  a  levfjl.   It  wue  Bip  onou  du:  j.:j^ 
•9B  and    •91'—  aiplioned  into    ^ho   1  \nnel  coneidcreble  of  ^    e 

Op    I  undo  Btand     ou  lo   ;;  y    Jvit  the  we  lie  at  the  onds  of 
the  two  prongs  of  the  "Y"  Tunnoi  were  bored  about  i-he  year 
1900,  the  tunr'^i   then  deepened,  and  t   at  thj»  well   'hen 
flowed  into  the  Lunnel, 

A.    That  is  80, 

C.  Do  vou  know  how  long  thoao  woile  continued  to  flo*  into 
the   tunr  el?  Do  any  of  your  ae»Euremont8  alio?'? 

A.  None  of  m  y  meaaurofjontB  show.  I  only  laoaaurod  at  the 
mouth  of  the  tunnel  and  m^^  jcxt  laat  noaaurefienta  were  1901, 
and  '.  ey  aere  atill   flofling  into  '.he  tanncl    then,   find   I 
hav«  no  meaaureraentB  since. 

Mr.  Chapran:   Q,  With  whom  were  you  talking  at  neon  whic)! 
lad  "Ou  to     chanf^     our  ideas  as  to  *he  time  w}:en  the  tun- 
nel wao  connected   Aith  ^he  Stowell  well? 

A,  N.  W,   Stowell. 

Q.  The  well  thst  you  refer  to  tht'.re  is  this  rane  well  that 
ll  called  Well  No.  14? 

A  .  No,  sir. 

Q.  Which  one  is  it? 

A,  Well  No.  4.  Rnr-.Ti  aa  theStowsxL  Woii.  It  la     Well  No.  4 
on  plaintiff's  Exhibit  1. 

Q.  Viare  did  you  aay  U)ii  water  was  uMd  tiiitvas  takan  off 


I 
2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

X     13 

Z    •-    !-■ 

-    '   *     1    I 

g!ii5 

n  4  uj 

ri6 

17 
18 
19 
20 
21 
22 
23 
24 


23 


26 
27 
28 
29 


of  'he  r'26  aero  tract  and   taken  east  tfid  used     by  thoaa 
coloniatB — 

A.  I  rale:  h&lf  of  it  was  taken  tact  and  ut«d  by  the  colon- 
ietn  that  p  rchased  land  :  rior  to  l^/'vfj, 

Q,  What  were  thoBo  colonifl*8? 

A,  They  are  iridividuala  t/at  bou  >it  property  cf    j-.e  Cu- 
oaaon^  Company,  ^he  San  ?ranciBcc  corporaiion, 

Q,    '%8  troro  any  naoe  of  t  at  colony? 

A.  No,  sir* 

Q.   lore  {'.id   t  ay    ret  water  prior  to    he  conatruction  of 
the   -Y"  Tumiol? 

^.  T^iey  ^ad     ater  from  the  cre^k  waters,  and  their  daedt 
all  read  as  their  interest  is  to  t.he  whole  xxasx  water— 
from  the  cieneg&tt—  they  used  half  of  the  water. 

Q,  Where  did   ''ley  divert  it  f'-om  *>ie  creok? 

A.  Practically  where   *he  i^O-inch  jjii^e  line  heaOB.  And  it 
camB  out   in  the  wooden  ;'iuzne  arid  an  Ojien  ditch. 

Mr.  Tlaskell:  'j.     Did   I  urid'jrstard     ou  to  say  that  li^en  *ell 
N  ,  14  was  fin?t  constructed  at  t>,s  head  of  +ho  Rtdy  Tun- 
nel that  tiie  water  vraB  run  into   tjne  r.unnel  by  loeans  of  a 
pil>e  line  or  •;   siphon  or  Bono'lung  of  thut  r-ort? 

A..   I  don't  know  as  it  wafi  the  first  six  months  or  the  first 
year,  bui.  ii  c   '•thinly  was  for     socie  thre-         i:  ,,.   it,  vaa 
run  into  Mie  tui/iel  mostly  by  a  eiphon. 

0.  Do  you  kno»/  at  v,  at  elevation  above  the  lunnol  as  tho 
tunnel  now  p.Uinds  tbat  t '  e  opening  of  '  r        -li  :  '    ud? 

A.  Only  from  neiaoiy.  I  have  no  fitruniB  wi^Ji  me  to  tell, 

Q.    Could   '  ou  tell     a,j,/roilinately? 

A.  I  think  it  was  in  the  neighborhood  of  60  feet  balow  the 


1 
2 

3 

4 

5 
6 


8 

9 

10 

11 

12 

.-  13 

n 
2  ^  >-" 

<  u,  U 

M  -I  5  Is 

_•  O  3 

i"  16 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


■o-face,  wticOh  %ould  hu  r.hout  66  f«<  t  sbov*  th«  bot.t.«e)  of 

Q.  Thoro  M*o  other  vWiia  t  nt  «»r«  up  oruc  in  for  «  tiiw 
into  the  Sady  Timml? 

A.  OnXy  ono. 

Q«    ilT'  at  miXi  WB8  t  &tT 

A.  Thn  Stoweil  wall  or  foil  No.  4« 

0.  IL '7  hitdi^did  t^..  t  pywiing:  stand  liboye   v,c>  llocr  of    he 
tunrMuL  iih«n  It  was  •iphonoaxn—  a^.  roxk.telyT 

A.  I  think  t'<«rM  wore  tv    xjucIa  »*f  j^*— «*  tuu'  eia  run     int< 
thiit  •«!!,  by  th«  Cuctaon/p  Fruit  Ij^nd  C-ci^iiny  or  H»   «>• 
StowoU,  and  i>vr>ap«  on©  was  40  fe«t  and  Mi-  othoi-    0  feet 
or  eot^thiiv;  like  V.^t,  below  t^;e  aurfare.  But  tint  la  guess 
work  aiKi  juat  fron  tay  i:Mnory* 

Q,  Subaequttntly  thoae  wolla  were  cut  off  leyel  trith  the 
floor  of  tiie  Umiiol,  or  u     roxit-iiaely  so? 

Q,  Do  you  know  'y  any  asesurem  nta  or  by  any  other  osfina 
of  knowledge  w:  ether  or  not  thu  cutting  of  thoae  veils 
increased  tie  flow  in  Well  No.  l^»  and  in  the     well  t  oit  ms 
also  sljihonad  into  iho  '.uinei? 

Q  Increaaed  rjore     w  un  it  vau  mpiiuztuu  in? 

Q«  Yes,  sir* 

A.  Of  courae,  it  did. 

Q.  About  how  tnuch? 

A.  I  huTan't  on/thiric^  of  ny  own  fi^surea  exre^it  ineasureiaBnis 
at  the  aouth  of  the  tunnel  to  tell  Just  ho.   auch. 

0.  Ctin  you  tell  f  t>a  aeasureaents  at  the  nouth  of  the   tun- 
nil  approxiDsately.? 

A.  Not  enou^  so  t^  at  I  would  want  lo  testify  to  it. 


1 
2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

X-  13 

z  •- 1-' 
2  0=  14 

<u," 

M  -.5  Is 
B  «  jj, 

-•  O  3 

E"16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


T 

Tho  Maaurenont.B  aro  all  in  here  and  you  can  boo  it  at  dif- 
ferent txmoL  dates. 

Q,  Do  you  know  whet^ie-  or  not  t' o  boring  of  Well  No.  14 
di  iniahod  the  flow  of  those  welle  that  fed  t  at  tunnel? 

Mr.  vChapman:  Now  are  you  asking  for  an  aac^jert  opinion? 

Q.  I  an  asking  him  as  a  matter  of  fact*  Do  \  (ai  know  as  a 
matter  of  fact  if  the  other  wells  ^' '  +    fed  tho  tmmol     dimin- 
ished in  flow  after  wcill  no.  l'.  wf;r.  cut  off  at  the  levoi  of 
tho  floor  of  the  c'lannel,   or  approxii i- t.ely  oo  ? 

A.  I  do  not. 

Mr.  Cliafinan:    '\  1  '.eglected  to  e^iik.  yuu  vyhen  t   ut  west 
Itream  driea  up.  You  SAy  after  tho  tunnel  no,  2  was  run 
the  west  stroan  thit  you  found  in  *H'6  disappoarsd. 

^.   I  said  within  one  or  two  years  after  the  tunnel  «^as 
started  thure  was  no    water  runnin^^  down  there  during  the 
dry  season. 

Q,  How  much  was    here  running  in  the   tun  el  at  t  s.t*  u.-ie? 

A.  The  Bje&surotaents  show  t'^?'t  t'  oro  was  in  the  neijibcr- 
liood  of  <iO  or  71)  inches. 

Q,  Tbit,  strt)  .    >v  (i  dried  up  bofon;  the  Oucnnonga  Vruit 
Lmd  Coupany  aado  any  transfer  to  the  Ontario  Po./rjr  Cod- 
pany,  did  it  not^ 

A.  Yo3,  Kir. 

tir.  Fiaskeli:  Q.  Well  No,  14  vas  an  artasisn  vsll,  that  is, 
a  well  thfit  naturally  fio  (d' 

\.   I  don't  knov/  ayself     rel.  .er  r   tiio   sur- 

face or  not. 

'  ,  But  it  did  at  tho  point  where  it  waa  cut  off? 

A,  I  don't  l)feliev«  ws  erer  haa  it  trenched  in  to  carry 


1 

2 
3 

4 
5 
6 
7 

8 

y 

10 

11 
12 
13 


£  •-  t- 
s  o  =  14 

f  a.  o 
<  !^  o 


7  K  C 

ii5 


CD  ^ 

(0  < 


i"  16 
17 
18 
19 
20 
21 
22 
23, 
24 
25 
2b 
27 
2S 
29 


Jib  water  a. /ay,  wheUier  by  carrying  i^     bovo  t.he  surface 
)r  Biphoning  it  into  the  turuiel, 

Q.  At  the  point  w}.ere  it  itm  cut  off  it  naturally  flov/ed? 

A.  The  main  voluoe  of  the./atcr  v/ac  t  ero. 

Mr.  Chapcian:  0.  I  underetana  /tu   .o  .  it  the  *.ater  f  i  om 

Veil  No*  14  wa«  Bip/ioned  i^  to  the  tunnel, 

A.  It  was. 

Q.  Do  you  kno..'    hen? 

A.  Only  from  the  .jatter  tJjat  it  waa  finished  and  oDopleted 
in  1904  and  the  wall  fas  e'^rted  about  in  1900  or  l&Ol, 
and  it  wab  betwoun  thuee  dates. 

%   W«il  No,  14? 

A,  Yes,  iAt  , 

Q.  You  think  it  waa  aiartixi   in  1%0  or  1901? 

A.,  One  of  ^Jioae  two  yearo.  It  wns  eiArten  by  the  Cucamon^ 
Fruiw  Land  C  ocii>ariy. 

0,  Tney  had  made  that  transfer  before  1900,  hadn't  tfaeyt 

A.  No,  sir;  they  had  not. 

Mr,  Haskell:   Q,  How  near  to  tho  surface  did  the  water  stand 
if  you  knov/  in  Wel!^  No.  14  when  it  was  first  bored? 

A    I  have  no  record  of  aay  own  th  t   te   la  that. 

0.   Have  you  eny  romerbranco  of  it  approxinstely? 

A.  I  think  it  came  pretty  near  the  surface  aa  far  as  I 
remomber,  bat  I  don't  reueinb  r.  I  hare  no  recorc's  to  tell. 

Q.  How  near,  according  to  your  recollection? 

A.  I  ca:i  't  toll  vou. 

--0— 


(  v.- 


L  I 


3 
4 

5 
6 

7 

8 

9 

10 

11 

12 

.-  13 

M 
Z  >-  !-■ 

7  C  CC 

4 .  i  15 
-It 

^  O  3 

5  "16 
17 
18 
19 
20 
21 
22 
33 
24 


2(3 

27 

28 
29 


N.   ".  STv)..i-.i.L,  &  witj;        yroaufea  by  pia  ntiff», 
b«ing  fir  t  duly    •  orr,   Ust.fi^ei  as  fillowii 

Direct  Exnrlnation. 

EJ!r    Bri**:     '.     Yfu  r«Bide  in  Lob  An^l^  b,  I  b<i,^^^.Tt? 

A.  PaB&d'^na. 

0.    Anri      iiTWBrB  fonaerly  a  good  dtul  of  v  e  tine  in  tht 
nei  ±t)orhood  of  riicaaMOgB  8i:irin  :l  in  ■.,.-.;:  cour.iy  of  San 
Bernardino? 

*.  Tea,   «ir. 

Q.  Whan  die  you  first  obeerve   -nc   flow  of     :•  water  at  the 
rucar:f>nga  Sprin  »?  T  o  flow  of  water  on  ihe  bu  face? 

A.  187r>. 

Q.  Do  y  u  knoAT  wneris  Ui«  uocalied  Rad  '^ill  ia  in  Uie  ?i«in< 
ity  of  t'  e  CuoesiORga  Sprin/^a? 

A.   I  &0t 

V*  In  1875  dia  j^-u  hotice  tie     a'.ex'  «    au^  ipna  a^wea.]-in$ 
m  t^e  airface  of  the  r;roijid  on  t}ie  aaat  sioe  of  'e  Hv,d 
Hill? 

A.   I  d  d  n't    -0  aboTe  San  Bernardino  road.  I  know  the 

wa'er  waB  runnin»>-  aorosB  tne  road  at  that  tine. 

Q.   Wat  title  of   U^.e  year? 

A  .  Am  il* 

0,  Do       u  know  w};4t,  wa;-  caiiad  the  Y  tujirn»i,  con8lruc:ted 
in  t>  080  cienegaa,  on    .  '    tiast  Bide  of  tjie  R  d  Hill? 

A.  Yea,  sir, 

Q.  HaYO  vou  BOme  taeaau  enentB  of     atur  ecmnatin^  fo    the 
■Y"  Tunnel,  con  encin^;;  r.b     t  the  ':nd  of  the  year  IVOl, 
anc)  lasting  t  «n  for  a  ^p^ut  part  of  the  foliowiqg  yaart 


4-J- 


8 
10 

11 

12 

X     13 

■I 

Z   •-   H 

gog  14 
<-" 

M  ^  s  Id 

(Q  <  ui 


1  A.  I  h&v», 

2  Q.I  wiah  you  would  r^ire  us  those  loeaBure*  «nti,  Mr,  St/Ovtll. 

3  Tirat,  I  aIII  ask     ou  if  you  know  hoi  to  moftauro  vmtor. 

4  A    I  havo  BBasu  ed  water,  and  I  think  I  uncle -ate  ndit. 
Q.  Spoaking  roii^/^ly,  Bta^•  •  other  you  hiaTe  had    Jiy  ex^-or- 

ience  or  extensive  experience  in  the  art  end  practice 
of  owasuring  water? 

A*  Yee,  sir;   since  ie7b  I  hate  h^d  sccasion     to  measure 
wator  a  CJ^o&t  aany  titles, 

Q«  Oive  us  ti.w  Doasureiaent,  if  you  have  it,  of  t}^  vhter 
proceeding  frow  tiie  "Y"  Tunnel  and  the  Cucamon^a  Springs  in 
Dsc'-mbor,  1901. 

A.  I    i&^v  a  n»asur«Bent  Dsofflber  16,  l&Ol. 

Q.  f- st  are  \Tiur  fi^ires? 

A.  Tho  de^ith  on  t  u  weir  was  #249,  on  n  tJire   -fout  weir, 

16  Q.   .249  of  w  at? 

17  A.  Of  a  foot, 

18  Q.  Oror  a  o-foot  weir? 

19  A.  You,    air;  and  two  end  contreictions. 

20  Q,  Anytl  ing  furt'  er  to  bo  aaid  in  t « t  connnection  to 

21  enable  the  caaputation  of  th     quant  ty  of  rater  then     flowing 

22  to  Ik)  loada? 

23  ^.  I  vill  siniply  8t,R*.e  t  ut  the  weir  was  in  ths  auss  con- 

24  dition  t  ut  it  \md  htn  for  a  long  tiue  previous,  w^en 

25  otlior  en^>rieurs  Mid  measured  it. 

26  Q.  ^r  v,'J:at  length  of  tins,  n)j)roximtttely? 

27  A,  The  year  piievious  t  e  wsir  had  boon  practically  in  the 

28  Muas  condition. 

29  Q •  Vith  those  figures  thai  you  huvs  thsrs  e^n  this  ctaputa- 

r^..  hv  on»  .ho  kncva  hoW 


I  '    -» 


t  thftt  >v/u  u  04? 


6 

8 

y 

10 

11 

12 
13 


z  '-  >- 

12  §  ^-^ 

z  ^  5^ 

5  .  i  15 

^   O   3 

r  16 


17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


A.  Y©B,   tir. 

Q.  What  X8  the  next 

A.  January  f),  1902. 

Q.  Slate  it. 

A.  Dopth  on  the  w  ir  was  ,246;  width,  6  t     t. 

Q.  That  docioal   .246— 

A«  ThouB  'ndtha  of  a  foot. 

Q,  246  tho  afindths  of  a  foot? 

A.  Yea,  sir. 
On  Fdbruary  Jil,  I  ; luve  ona. 

Q.   Stata  it  if  you     lease. 

A«  I  oaasurect  on  th^t  dato  .2^16  on  a  5- foot  woir.  And 
BMABuring  the  aaina  water  of  the  cienega     touth  of  the  "Y* 
Tunnel  it  wao  .174,  over  two   .uira  27  inchea  in  width  each 
9^  fVem. 

Q.  It  t  nt  the  equivalent  of     .174  in  depth  and  :>i  inchaa 
in  width? 

A,  Tee,   sir;  thore  ware  four  end  contructiona.  T-  re  waa  a 
bar  aero SB  the  weir. 

Q.  Doea  that  afford  aeana  of  coin|iut^tion? 

K»  Yen,  air, 

Q.  T}iat  was  P*bniary  fiiet,  1V02? 

A.  Yob,    eir. 
ZK.  Tho  next  meaou  eBiont  ia  March  oO,  1902.  Tl^o  "Y"  Tunnel 
ia  not  in  there  on  that  day. 

Q.  How  abowt.  Ai>ril  2b,  1902? 

A.  April  2f},  I  have  a  uaaaurenent.  The  ciopU\  on  the  weir 
waa  •2;'9,  a  thret*.  foot  weir,   kui  bcdo-  '1.  r*:  tho  cienetga 
and  the  *Y"  Tunnel  toppther,  the  depth  was  ml76  of  a  foot. 


3 

4 


2  I:  ►-' 

—  c  rr 

2  °  S 

<  i  u 

2  K  or 

u  2 

H  -1  5 

(S  <  ui 

-;  o  D 


10 

11 

12 
13 
14 
15 
16 
17 
18 

]y 

20 
21 
2Z 
23 
24 
25 
26 
27 
2S 
29 


two  ii7-inch  wairu, 

Q.  On  May  11,  1%2,  vas  ther«'  b  maaaurtraent  ui     no  "Y"  Tun- 
nel at  tl.at  tjLQu? 

A.  At  12:41)  P.  il.,    "Y*  Turjiol,  da,)th  .20V,  width  3  f     t, 

Q.  On  May  a? 

A.  May  21,  11  A.  H.,   "Y"  Tumel,  dopUi  .l.'>8  of  a  foot, 
width  tlirt»-3  fc  -t. 

Q*  fai  thorc  t  moaau  ecient  on  Jvine  Srd? 

A,   I  don't  find  any  on  tcjut  date, 

Q.  July  11? 

A.  I  find  one  on  Jiune  6. 

Q»  Givo  uo  Ui^t  ueaaiirer  Jtmt. 

A,  e:4C)  A.  M.,   "Y"  Tunnel,  dc^jth  ,116  of  «  foot.,  width  3 
feot.   "Y"  Turi;ol   .ind  cienef^n,  depth  .079,   two  27-inch  weira. 
June  30  is  the  noxt  one.  2  P.  M,   "Y*  Turinol   ,  (k^)',h  ie   .08 
of  a  foot,  width  3^}  inches. 

0     On  July  11? 

A«  July  11,   tM-^   "Y"  Tunnel  ad  the  cienega,  depth  3/8 
of  an  inch,  2  27-inc     woii  ■. 

Q.  Tl^^at  .fould  be  Mbv)ut  how  much    ^ater,  if     cu  can  state 
without  en tori ng  into  a  coaputationf 

' .  LouB  thun  five  inches. 

Q.  &:pt»)aber  2,  lWd,» 

A.  On  Stjpvuubt^r  2  than)  was  no  watar  Uiora* 

Q.  Or  froB  tho  cienega? 

A.  No,  sir. 

Q.  Did     tlie  vt.tr^T  ever  return  there  to  your  kno«ia4ge? 

K  It  nevtir    as* 

Q»  You  law  Ujat  place  and  obsenred  it  aftarwards? 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


M  -.  E  Is 

IS  <  UJ 

-  0. 

-    O  -D 


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17 
18 
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20 
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23 
24 
25 
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29 


A.  TaB,  sir;   the  water  was  several  feat  below  '.  c  surface 
at  that  point  when  I  was  there  after  tlat« 

Q.  Theea  meaturoniontB  indicate  t  at  the  water  disappeared 
at  that  poi^i  between  July  11  aiid  September  2,  1V02? 

A,   I  liave  no  measurements  between  those  dates. 

Q.  Now,  iViT.  Stowoll,  do  you  know  ^iia  locality  of  tho     Old 
Settlers*  hox? 

A.   I  do. 

0  •  Is  tliat  a  measuring  point? 

A.  r^at  is  a  division  point  for  dividing  the    /ator  that 
C0B»s  f 'om  the  30-inch  pipe.  It  is  aboit  the  canter  of 
section  3,  on  Hellrnen  Avenue. 

0.  fjook  at  this  raap,  Plaintiffs  Ex^ibi'   I,  and  seo  a  point 
there  marked  "Old  Settlers  Sanboac."  Wliat  water  wae  divided 
at  ti'ftt  point? 

A  .  The     ater  that  went  to  the  Old  Settlors—  w^at  we  called 
the  ■Inch-to-8"  people.  T  at  waa  taken  out  of  i>ie  stream 
goiif^  to  the  Cucaoonga  Wator  Cwapany  at  that  point, 

0«  What  waa  the  relation  of   the  water  flowing  at  t^  at 
point  to  the  water  at  ^he  place  called  the  Creek  Division 
Box? 

A.  The  Creek  Division  Box  tcJces  the  water  from  the  CufWiflK 
Creek  below  thu  cienef^as,   and  at  tho  Creuk  Division  Box  one 
half  of  the  y/ater  went  to  the  Cucamongs  VinOjard  Company 
and  tho  otiier  half  went  over  the  2ii-inch  pipe  to  tho  Old 
Settlers  Division  Box. 

Q.  What  sort  of  a  conduit  was  il  bt. tv.  c.;n   i-hoao  t.vo  boxes? 

A.  A  ceraont  pipe,   ti^'ht. 

Q.  Laid  under  ground? 


1 

2 
3 

4 

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8 

9 

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12 

.-  13 

■J 

2 !:  >-' 
*  -  " 

7  Z  K 

M  ^  £  Id 


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IS 
]9 
20 
21 
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23 
24 
25 
2b 
27 
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29 


K*  Yea,  air;  without  any  o^ninga  in  it« 

0.  Then  vhait  nwt  tint  relatioD  bet  etia  *iie  vater  fluving 
t^>rotu^    hu  Old  Settler     Box,   so-c^lltjd,  and    ho  quantity 
of    mter  a^  the    orejk  Divxaiun  Box  ? 

k»  It  would  bo  )iaif  of     ha  »rhole  flow  of  ihe  atrotB* 

Q.  Now  I  inquire  of  you  w  et  vr  you  liflre  a  aarieB  of  uuas* 
ursmrnta  laado  by  youraalf  of  j\e  watnr  at  the  Old  Scttl  r*a 
Box? 

K»  I  hate  aoTeral  meaJurflnenta* 

Q.  Stato  UiuLi  in  your  order  and  atato  t  lea  or  ao  laioh  of 
tbeoi  aa  will  enable  one  who  knowa  kow,   to  coaipute  the  quantity 
flowing. 

A.  I  will  atate  Vtat  the  Old  Settlers*  portico  in  tha  dJ.via- 
ion  wa»  U rough  a  alot  two  incea  in  hi^it  and  ilkx  1  »9Z 
inci:oa  in  len^i^h. 

Mr*  C}iB:42ian:  Q .  Over  the  weirt 

A.   It  ie  not  a  weir  neaaureeoent .  It  ia  t  rou^  a  alot, 
undr-r  preasure. 

Q.  Do    ou  know  how  many  inc>  ea  it  wasT 

A«   It  wae  Buppoaed  to  be  35.84  inehea,  under  a  four- inch 
preaaure*  The  box  wab  ao  conatructed  D^tn  if  «oru  t  un 
that  water  ca  le  iitto  t^ie  box  it  MBdcot  micfe  want  throu^  an 
OTerflow  which  vaa  l)ei4  inehea  Icmg,  ao  thilt  quite  alaj^ge 
surplus  over  the  ;i.t>.ti4  indiea  would  loake  but  vtry  little 
difference;  in  tho  hi^t  over  the  alot,  buing  a  very  I<nig 
oterflow.  At  ti\ir.X,  date  th.eru  waa  no  ove  flow. 

Qi  that  date  waa  t)  atT 

A.  January  b,  1902.  And  they  mre  taking  all  tiio    ater 
which  came  throu^^.  Uio  alot  under  5*7/6  inch  preaaure  froai 


Ill 

n  <  ui 

-  0. 

u  u  a 

—  CO 


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7 

y 

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Mj%  Brilt:    :)•  '6»7/'r'  otor  Uio  e«nter  of  *ho  opening 

A,  Tes,   sir. 

Q •  %■  th&t  all  the  water  at  t  at  point? 

A.  Tbt  it)  all  the  water   '    ore  rmB,  The  next  uoaaurarntvit 
I  hate  waa  on  tho  Hlat  of  Fe  ruary,  1V02,  At  t^  at  tiaa  t>"iey 
were  taking  tho  ajaount  or  quant  ty  which  would  flow  tlirough 
t  &t  opMiing  under   a-1/16  inch    yroKBure. 

Q,  The  ojjenin,!;  being  16,92  inches  long  and  2  inches  hi   r? 

A*  Yon,  air.  It  wau  a  slot  cut  through  a  steel  or  iron 
plate  and  beveled  to  a  sharp  od^. 

Mr*  Chairman:   Q.  D  dn't  you   a&y  Bojuo-Zhing  about  ^i-i/i6T 

A«  That  is  ^iie  pressu  e  behind  the  opening,  aboTe  the  een- 
ter  of  the  0|;ening. 

On  April  Z)f  1902,  at  11:55  h*  U.,   liie  same  opening  vma 
filled  with  water    una  or  a  5-l:;/lt  inch  preeBure. 

Q.  Haitt  vou  snot  er  neaauremont  on  May  11? 

A.  May  11,  1:10  P.M.,  it  wao  flov?ing  tlirc  sr;i    '    o  opening 
under  «  5-3/8  inch  hoad. 

Q.  On  May  21? 

A.  May  21,  under  tho  eane  conditions,  at  11:55  A.  U., 
tnder  a  2-5/4  inch  pressure. 

Q.  June  3? 

A.  On  June  5  tr.  r     ..as  not  water  enou£^   to  fill     h  ;  open- 
ing. 

Q.  Wat  WAS  the  depth  of  lie  stream? 

L  Tho  depth  of  Uu   strea..;     ae  1.61  inches;  in  de^.th,  16.92 
inchos  in  width.  It  foi-aed  a  weir  at  t^  at  tinw—  without 
pr«B8ura« 


u 


1 

2 

3 

4 

5 
b 


10 

11 

12 

X-  13 

z  •-  >-■ 

-  ■  «  1  1 

--^ 

M  -i  5  l3 


-  « 


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Q.  July  11? 

A.  July  11,   11:05     .  I'.,,   tbe  t^yux  was  .17^  of  a  fuou  ana 
16.92  inches  in  width. 

Q.  Not  enoiij^  water  tien  to  fill  the  opening? 

A.  No,   i  ir;  Thoru  wau  about  1^  or  17  inchei, 

Q.  Have  you  any  la  tor  meaiure:  ^nta  at  tit  point  that 
y««r? 

k.  I  don*t  866  tfiy  ot}'er  meaauromentB.  Yeo,  r  ere  is  another 
meaeureraent  on  October  16,  10;10  A.  M.,  1-5/4  inc> ob  in 
depth,  16.92  inchea  in  width.  I  don*t  aoe  any  ot'ior  aeaiure- 
aenta. 

0.  Now  are  you  arquaintud  w  th  *h9  woir  or  locality  of  the 
weir  or  ineaauring  box  or     ot>o!-  ^yvTyr^w  do  vice  for  caoae- 
ruing  water,  some  distanoo  west  of  >Ke  oiouth  of  the  Kady 
Tunnel,  tihrou;4i  i^xch  water  taken  by  the  San  Anton  o  later 
Canjiariy  wne  carried  to  OnV   io? 

A.  Yes,    iir;   I  built   ?he  box. 

Q.  V  at  is  the  diet  nee? 

A,   About  SOvOO  feet  from  the  Kady  Tunnel. 

Q.  HaTe  you  eoae  abaemitione  or  reeults  of  obaerrations 
of  the  quantity  of  water  flowing  at  t  at  point? 

A.  Yea,  air;   a  (preat  many  of  t^en. 

Q.  What  «citer  is  that?  F  cm  w  at  source  doob  -l  .  reach  the 
box? 

A.  It  it  taken  out  froa  T  unnel  No.  Z  about  50  foot  fr«a 
the  Bouth  of  the  tirnel,  at  the  diTiaion  box  in  the  tunnel 
itaolf.. 

Q.  Very  wall.  You  aay  give  the  aerios  of  ■easureaenta  that 
you  have,  and  the  quantity  of  watar  flowii^  at  tliat  point. 


i  •-  >-■ 

_  a:  oc 
SO? 

<  i  o 

•^  *  „ 

7  e  (C 

w  -<  5 

« *  $ 

-1   O  3 

-  «l 


I  and  the  dat«B* 

1  ^,  Th«  wfir  in  Ui   t  box  j.e  ^iu  mcncti  in  wiaui.  On  January 

2  5,  1902  the  depth  was  .;57  of  a  foot, 

3  Q.  The  loraon  over  the  weir  was  40  inches  wi<e  and  .37 

4  ef  <>  foot  deep,  ia  V'et  the  ideaT 

5  A.  TJ-.at  is  rif^t, 

6  Q«  Proceed  with    ho  ot  nrs? 

7  A«  January  11:1  the  depth  was  .S^'     ov  jr  tlie  aene  weir* 

8  Q.  Wiat  year? 

9  A.  190J>. 

LO       Q«  The  aane  width? 

1       A.  The  aaroe  width. 

L2  Fe  bruary  13,  the  aaae  year,  the  dept^   was  •283« 

L3  February  18,    .3^^   . 

L4  Feb  uary  21,  it  waa  •3^)3. 

io  February  27,  4-1/2  inchon  in  dopth. 

[6  liarch    4,  the  depth  wao  •i(yl» 

/  March  6,   .365. 

L8  Ipril  1,   .33  of  n  foot  in  depUi. 

19  April  19,  ri-l/32  inchea  in  depth. 

20  April  22,   ,2n(\  of  a   foot  in  depth. 

21  i^ril  2'),   .379  of  a  foot  in  do  )th.  That  wa     at  9:20  in  the 

22  noming.  Thore  wlu  cafiother  laeaaur anient  la  ♦he  afternoon  at 

23  3:20  P.  U.  which  was  6-1/4  incea  in  deptli,     I  uon*t 

24  think  t^uru  are  any  aore  BMaeureenta  aft^r  t^at. 

25  Q*  Do  you  know  am^hing  about  the  fOndage  beliind  t^at  voir 

26  *t  the  tine  \'<mi  nade  thoae  oeaaurecienta? 

27  A.  The  22  ir>ch  pi}>e  which  fed  the  box  was.  full  at  Uiat 

28  tiaw  and  backed  up  nearly  all   the  way  to  the  tuiuiel,  and 

29  the  pondage  wae  about  four  feet  in  width  and  six  f e*  t  long  . 


z  ►-  ►-■ 

-  z  s 

--^ 

M  -I  a 
a  «  jjj 

-  if  2 


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It  Vftfl  quiot  vmttr  and  a  voiy  accui'ate  ■Mtsuroacnt  ccuia  b« 

Q«  Ob  or  about  thone  aa  •  da  tea  din  you  aaka  aeaaurecacinta 
of  the  woir  or  the  watar  at  tho  veir  at  the  no^th  of  .  <e 
Kady  tunnel  idiich  trans  delivered  i   ^a  the  pipe  of  *'  '^  ^'iceiaoa^a 
faVir  Corafjany? 

A.  I  nadte  cMaaurecientB  on  aotw  of  Uioae  d' tea;  yea,  isir. 

Q*  Let  Ufl  haTo  th^  advantfi^e  hf  you  please  of  your    data  an 
thht  uubj'Ct. 

A.  On  D»c.;i>iber  14,  1901,  the  depth  on  the  ■•ir  aaa  .14 
of  a  foot  and  Ihe  «idth  2.f^  fe^- 1.  That  ma  a  weir  at  ^ho 
■outh  of  Tuniifi  1  No.  2  ana  u.^  cum^tiaat  wn%,mry  |^od  for 
asking  an  accuicita  laoasurement .  On  February  27,  1^  :  , 
12:;^  P.  M,   .112  of       foot  du'p,  width  2.0  foet. 
April  lat,  1902,  7:40  A.  M.,     e^th  on  the  aaaa  veir  aaa 
xk     .157  of  t  foot, 

Ipril  25,  sani  yaar,  3t;50  P.  M.  the  depth  «aa  4-V'^  ine^le8 
and  the  width  was  30  inc  ea.     The  woi    was  riiiftad  and  titu 
Qiiti  «[ts  shifted  and  at  5:^  P.  A»  it  oaaaurod  5-o/-.  inc  oa 
in  depth  and  iiO  InohMi  in  width. 

it  3:45  I  jBoaflurad  the  entire  «aU)r  vhicr.  went  t  :e  ot  or 
way.  Tliere  aaa  r>-l/2  inchoa  deep  and  40  inches  vide. 

Mr.  Chafnan:  You  Ivid  oaaaurod  t^^  entire  ffater  t  at  aana 
day? 

A.  Taat  coopnaje  all  Uie  water  ttiat  coaea  out  of  TunDol 
No.  2  on  t:    t  drite. 

Q.  And  wlittt  uxc,    .  XI  rmke  ^   at? 

A.  5*1/2  inc^iea  in  de^.th,  40  Inehea  wido. 
Iby  11,  Tunnel  No*  2  voir,,  j-l/lb  inohoa  in  depth,  00  inehea 


z  <-  t- 

.  a.  ° 

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5.  a:  flc 

M  9 

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—  •» 


3 

4 

5 

16 

7 

8 

9 

20 

21 

22 

23 

24 

25 

26 

27 

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29 


in  width* 

Mr.  Haakeil:  Q*  fl^rtt  is  tiat  «*ir  looatodT 

A«  Tunn«I  Mo,  2  on  th»v«it  •  dt*  of  th«  hiiii* 

Q.  Ho»  far  ia  Uuit  luc  tod  from  tht  OnUrio  «eir? 

A.   dOC>0  feet* 

Mr,  Britt:  I  will  a^y  for  your  infor  ^tion  t/  .•  t  Uiis  ...iir 
it  th9  ono    X^jsit  «o  bavo  boon  eaiiing  loir  No«  1,  &t   Um 
■PutJi  of  tho  lady  Tunnol* 

Mr.  Chapoant  And  moasuroa  tht>  viator  t  at  r^ooa  to  the  Cuca* 
mnvf^  Ooopany,  &-!/<'  inches  in  de,  th  on  a  oO*inch  voir? 

A.  T  at  ia  ria^t. 
June  5,  1902,  CucaflDOga  loir  at  the  south  of  tho  lady  Tun- 
nel, 4-ir)/;S2  inc  ea  in  cepth,  50  incrcs  long. 
Jiu\e  ;50,  9:40  A.  tt«,  Mouth  of  Tonnol,   b-V^  in  dOith  Ad 
30  inchoB  in  width, 

8epteml>  r  Z,  1902,  1:55  P.I!.,  depth  on  the  wair  &-I/2 
inchea  and  30  inches  in  width  at  Tu/:nel  ^v>.  2. 
I  think  t  at  ia  all  1  haTe  that  yearx  for  u  «it  ^ilace. 

Q*  On  Soptam^er  2  did  you  oake  any  oViau'TationsT 

Mr.  dAp  aan:  He  has  just  stated  it.  b-l/;:  inchea  OTer 
this  woir. 

Q.  SepteaiVttr  2  have  you  stated  the  ruault  of  any  obseiva- 
tions  on  t'  f  t  Ontario  maasLiring  box? 

A.  At  1:2    P.  M.  the  water  was  flowing  o?er  the  weir  in 
■och  a  way  t  at  I  c  uldn*t  moa«uru  it;  but  I  eatiiaata4 
Vat  t'^ore  was  2rK)  inchea  going  ^^  Ontario* 

Mr*  Oiapnan:  0.  Ov  r  *he     weir  at  the  aouth  of  the  tuiuiel? 

A.  No,  air;  aC)()0  feut  woat  of  'ho  tjjpnel.  Ihe  aator  flewed 
ia  such  a  way  tlAit  u.h«  pipa  couldn't  carry  it  all,  and  the 


1  < 


•I 


3 

b 
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8 

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17 
LS 
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WEtar  miBed  above  the  w«ir.  TlvjrtJ   "aa  too  oiich    atar  for 
tho  pipe  from  t  at  puinu  wuat. 

Q.  laa  there  a  voir  by  which  t^io  Ontario  ^ater  could  bo 
vaaurad  at  Hui  mouth  of  the  tunnal?  Aro  :/  urt:  t«o  waira 
tharo? 

A.  YeB,  sir, 

Q.  And  ono  of  the  moasurariiontB  you  gbve  hare,  13-1/2  inchaa 
over  a  forty-iiich  weir,  t^at  ^b  at  tie  south  of  Turuial  No. 
2? 

A.  At  tJat  tina  it  was  6*l/2  inchea  over  a  forty  inch 
voir  at  <he  BK>u^h  of  t}:a  tu  nel. 

Q,  And  back  in  April  vdu  gave  ub  5-1/ ;i  inclioa  ovar  the 
40- inch  weir? 

'  .  T  at  is  '6000  fe'-t  waat  of  the  mouth  of  the  tunnal. 

0,  And  not  over  *ha  wair  in  t  e  tunnel? 

A.  No,   sir;  but  Mor  tho  Cucamon^  weir  in  Uie  tunnel  at 
di'.'O  it  meaaured  4^6/ ^k  inches. 

Q.   And  after  tJat  on  the  aama  day,   S-sA? 

A.  Yes,  sir.  It  war  tumud  in  such  a  way  that  there  waa  on 
ly  5-3/4  there. 

0.  Both  thoBe  oeaBUreraenta,  4-3/4  and  .5-o/4  waro  over  the 
30-inch  v/oir? 

A.  Yes,   sir, 

trx.  fnd  on  the  samB  day  on  the  4D-inch  weir  it  was  5-1/2 
inchoB  ri^t  at  the  wair  and  3000  feot  waat  I  mea.ux-ed  tho 
OntA'^io  water  at  the     aame  place  at  3:20,  und  it  was  5-1/4 
incher  by  40{  and/want  past  *ht)  Ontario  weir  goinf;  up  lo 
the  tunnel,    .nd  I  passed  there  at  3:20  and  arrived  at  the 
tunnel  at  3:30  and  maaaured  Ujat   <Matar.  Then  I  ciiaas**^  the 


z  "-  ►- 

_  K  E 

s  o  2 

^  ->  s 

u  O  3 


L 

3 
4 
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the  i^ate  and  at  3:38  I  ueasured  ^hot  water  a^am  and  *..'ien 
I    ":;nt  hack  'o  tiie  Ontario     weir  and  measured  '  iiat  one  and 
it  was  r^-l/2  by  ^UJ.  Tlie  water  wouldn't  •  ave  ,^ot  there  at 
t]is.t  time,   but  the^-e   seems  to  have  been  a  quarter  of  an 
inch  in  dept'i  more  ti^n     •,nerd  v/as  before. 

Mr.  Britt:   Q,  At  the  same  point  of  time,   did  ':he  v/ater 
flov/ing  ov'^r  those  two  v/eirs — the  one  you  call  the     Cuca- 
mon^a  v/eir  at  the  mouth  of  tie  Eady  Tunnel   or  Tunnelx  No. 2, 
and  the  weir  at  the  point  5000  feet  west  of  v/here  the  water 
flov/ed   to  Ontario  for  the  Antonio  Water  Company,  aid 
those  tv/o  quantities  of  water  flowing  ov.r  tnose  two  ./eira 
respectively  embrace  a.l  the  water  of  *':;e  Eady  Tunnel? 

A.  Yes,   sir;   it  was  supposed  to.  Tliere  was  a  little  used 
at  the  watorin^^  trou^jii,   and  that  is  all   there  comes  out  of 
bliat  virtually. 

Q.  You  are  acquainted  v/ith  v/l;at  is  called  t.e  Stov/ell  v/ell 
or  sometimes  referred  to  as  Veil  No.  4? 

A.  Yes,  sir;  I  have  some  acquaintance  with  t.';at. 
Q.  It  bears  your  patronymic? 

A.  It  does. 

Q.  When  was  that  well  bored? 

A.  About  189^-.. 

Q.  Bored  under  your  supervision? 

A.  Yes,  sir. 

Q.  State  whetr.er  it  was  an  arteL-ian  well  or  riot? 

A:  It  was. 

Q.  And  v/iien  you  call  it  an  artesian  v/ell  wnat  do  you  mean 
)y  tnat? 

A.  I  call  an  artesian  well  one  that  the  water  rises  in 


1   ,A  il. 


■^  11+-:. 


1,(vA 


T      .A   llnr 


1 

2 

3 

5 

b 

7 

8 

9 

10 

11 

12 

13 


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O   3 

-   gB 


16 
17 
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19 
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22 
23 
24 
25 
2b 
27 
28 
29 


above  trie     ordinary  surface  of  the  water. 

Q.   Did  that  v/ell  flov/  at  the  surface  of  the  ground? 

A.   It  did.   It  flov/ed  aoout  ten  feet  above  t..e  Burface. 

Q.  Was  it  piped  to  a  point  10  feet     above  t  .e  surface? 

A.    It  ./aa. 

Q.   Did  you  keep  measurements  or  dia  you  take  meciSareuunts 
of  all       01   that  v/ater? 

A.   I  did. 

Q.   J/liat  v/as  the  disciiarge   in  tue  v/ell 

A.   I  don't  reuember  nov/.  £  think  about  25  inches  at  t  e 
surface. 

Q.  Was  tiiat  v/ell  all     any  time  connected  v/ith  the  Eady  Tun- 
nel? 

A.  Yes,   sir. 

Q.  VWien? 

A.  I  think  about  two  years  after  tiiat. 

Q.  In  what  way  ?/as  the  connectioa  laade? 

A.  It  was  made  by  means  of  a  six-inch  pipe. 

Q.  A  siphon. 

A.  Siphoned;  and  turned  dov/n  sometliing  like  50  feet 
from  the  surface. There  was  a  cut  run  into  'he  v/ell  so  it 
came  out  by  gravity.  I  tiimk  the  cut  v/as  about  6  feet  deep. 
At  tliat  point  it  flowed  abo\it  fifty  incies  of  water. 

Q.  .'hen  v/aa  the  tunnel  connected  at  .-^rqde,  if  ever  at  all? 

A.  I  think  about  the  year  1900, 

Q.  Do  ^-^ou  know  ./pat  time  in  tne  year?  Have  you  any  fagurea 
or  da"ba? 

A.  I  have  no  data  he  e  tiiat  I  can  tell  you  exactly. 

Q.  It   there  any  data  w  ich  would  enable  ypu  to  tell  whethe. 


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it  waa  conr!urted  as  early  as  ftihruHry,  1900T 

A«  I  couldn't  fix  th«  exact  date. 

Q,   Anything  to  t^how  the  depth  or  hi  ht  of  water  ^roa  the 
surface  of  the  ground  in  Fob^uary  1900? 

A.  Yob;  on  February  18,  1900,  1896  wall  itt  11. ti  fu-u  to 
water  from  the  top  of  the  curb. 

Q.  Tha  cuxi)  naa  at  the  surface  of  the  ^reundt 

A.   At  the  suifaca  of  the  ground. 

Q.  You  speak  of  lb96  wall:  That  is  another  nscie,  I  supitota? 

A.  T};&t  Ib  w  at  I  called  it  in  those  days.  I  tidnk  it  is 
called  No,  4  on  one  of  theso  c  arts. 

Q.  The  Will  called  the  "Stowell  well"? 

A.  Y«i',   air;   t/iat  is  tJie  first  woil  that  1  borud  in  Uiat 
coun*,ry. 

Q.  Then  tlie  waer  etenoing  at  11  fe  it  rtxd  a  fraction  be  - 
low  the  t«p  of  ^he  cm-b  indicated  what,  with  reforunce  to 
any  connection  with  thie  tunnel? 

A.   I  c&n't   tfdl  w>  ot}^er  it  waB  siphoned  at  that  tice  or 
ran  out  by  graTity  at  that  depth  or  not.  I  have  an  idea 
that  it  was  connected  with  Hm  pipe  that  drew  it  off. 

Q.  Any  connection  at  t>hs  grade  of  the  tunnel? 

A.  Oil,  no;  there  sas  no  con/iection  below  V:at* 

Q.   Any  observation  aB  to  the  hi/^ht  of  ^atur  in  t    ^t  well  at 
any  ottier  tine? 

A.  On  the  5rd  of  February  I  measu  ed  it  at  4:20  P.ii.  and 
it  lao  12  feet  to  water. 

Q,  Froia  w^jtt? 

A.  From  ^he  surface. 

Q«  it  t:ie  Stowell  Well,  yoa  are  speaking  of? 


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L 

A.  Yea,  sir, 

^  .  If  :;:1.  o  .:^rt  xiuo  boQii  ft  direct  connection 

betwcon  ihe  water  and  the  well,  could  tlie     ater  --  and 
I  ftiii  not  asking  for  nr.v  opinion,  but  as  a  cmt  or  of  obaer- 
▼ation,--  w  &t  «uuiu  li^vt;  u<j  u  uiv  hx  ,1  of  tiio     ator  in 
the  well? 

Am  After  t^iat  tunnel  was  cut  in>-  t  at  mII-"  cut  inu> 
the  tunnel,  it  neve  r  roao  above  Uie  tunnel* 

Q.  Do  you  know  at  w'\at  depth  bolow  tlie  eurlace  of  the 
!:^round  the  tunnel  intercepted  the  .veil? 

A.   About  110  feyt. 

Q.   State  for  what  length  of  tine  after  the  water  ba^^an  to 
flow  at  the  eurfaf  e,  which  I  ^hink  you  said  waa  lci96,     it 
continued  to  flow   to  the  top  of  the     round? 

*.  Ifeit  1  it  wae  connected  by  eiphon  with  'he  tunnel.     I 
think  it  was  about  two  ysara  before—  1  t  ink  it  was  in 
•98  when  it  wao  con'  acted  up. 

Q.  By   v  at  moona? 

A.  By  a  pij»e  and  eiplion. 

Q.  The  question  ia  wtieUiei-  it  continued  during  t  at  tint 
to  flow  at  tlie  aurface  of  t.io  (_^round« 

A.  I  am  satiafied  it  did* 

0.  Do  you  knon    w^iat  the  depth  was  of  the  water  plaae  above 
which  water  rose  in  tiie  well? 

A.  I  t}  ink  wt  got  aurface  water  at  abu^t  10  or  12  feet 
ihon    he  well  wae  bored* 

Q*  Wae  the  water  continuoua  t  «i  ail  the  way  dor.Ti?  Or  were 
there  frequent  intervals  wJien   i  ore  waa  no  vmter" 

A*  It  was  wet  all  the  way  do^*  fe  couldn't  tell*  Iho  water 


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would  folio*  the  pipe  in  doing  the  work.. 

Q. 

At  t}ie  riak  of  repetition,     I  will  ask 

you  if  ^  uu  kiMv 

whm   the  gnde  connection  was  mad«  ..ith  xho  tunnel  and 

t'-iO 

well—  in  wliat  yaari?wxxtifytTW»tt 

A. 

I  don't  know;    I  don't  reieAer. 

Q. 

WaB  t)'?^t  wll  ever  jjunigped,  Mr.  Stowell 

,  by    tu  or  under 

you 

r  direction? 

A. 

I  don't  think  eo* 

Q. 

The  Stowell  well? 

.     A. 

I  don't  tJ^  ink  it  w  s  ever  iMoped* 

Q. 

Thoro  is  another  w  11  in  the  nzne  ficinity  called  here 

wqII  no.  I'l,  Do  you  know  wherr.   it  ia   loctted? 

A. 

I  do.  I  located  it. 

Q. 

Do  you  know  nhout  i*^at  ite  dietancy  ia 

from  tho  Stowoll 

Well?  But  t},  t    ie  not  ioitortant.  Wn  hm&  t> 

in  neans  of 

kn( 

fduQ  oxactly. 

A. 

I  couid  state  it  by  IcokiPig  it  up,  but 

it  would  take 

rans  lit'le  time. 

Q. 

Y  u  Bay  you  ioc  tod  '}.&  well? 

A. 

It  war.  borod  under  my  direction. 

Ur 

»  Clu^pman:  You  haven't  finished.  You    a 

•n't  given   'iie 

diotanco.  Have  you  ^'ot  it? 

A. 

I  hiHVon't  found  it.  It  would  take  acme 

little  tine     o 

find  it,  I  can  f^ivo  it  atf)roxi:T6toly  from  ^ 

^he  nap* 

Q. 

If  vou  have  the  exact  distance  in  your 

not'^s,   I  would 

rather  you  woold  take  it. 

A. 

It  is  about  4C)0  feot  from  tho  scale. 

lir 

.  Britt:   0.  Wlien  die;  tho  bo^-ing  of  t>    t 

we  1  be^iaT 

A. 

Nove^r,  IVOl. 

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(X    You  know  that  lo  bo  cor  act? 

A.  I  havo  a  rnonorandum  of  it,  Trom  recoi lection  I  don't 
knc.^  the    :y.act  date, 

Q.     Can  you  give  ite  rato  of  progreBs  from  time  to  time? 

A,   I  have  a  oaaora^dum  lie  re  that  on  HoTcmber  23rd  they 
put  in  the  anchors  and  Btartod  to  drill,  on  the  i:Vth.  That 
wae  in  November,  1901..  Dece£al)«r  11  thoy  rfere  dovm  31ti  f^-ut 
witli  a  fifto«n  inch  pipe,   and  iJien  it  «aa  rduced  to  a  tw^iv 
incli  pi|)e.  r  ey     arjaehed  the  starter  at  tjiat  point.  On 
Beceober  20  they  were  440  fe^-t  in  depth  ana  a  nort  er  jjd±i- 
Uew  the     ig  down  and  Uiay  started  up  ai^in  on  the  5lBt  day 
of  December.  On  January  9,  IVOii,  they  had  finiBl  ed  down  to 
53ii  feot  in  dopth. 

Q.  Wae  t'  at  the  eoctrer.io  dupth  of  the  well? 

A.  I  can't   my*  T  at  is  the  only  memorandum  I  have 

Q,  W  at  do  you  knowabott   the  v-  lume  of  water  which  flowed 
from  t   nt  woll  at  tV   t  time? 

A.  There  was  no  v»ater  eveo  flowed  from  that  well  ov-r  the 
•urf  ce. 

Q.  Do  you  know  how  the  water  roae  in  the  will' 

A,  Yus,   oir;    the  water  rose  in  the  wull,  I  don't  rucisabor 
how  Duch.  Not  very  much.  Wo  struck  surface  water  at  ab    .t 
80  or  40  feet  and  I  don't  tlink  it  ever  rose  more  than  5 
feot  at  any  tinie  in  tiie  woll, 

0,  Do  you  know  anything  about  obt^dning.  water  by  siphon  or 
tther  means  from  the  well  during  the  tintu     ou  controlled 
it? 

A,  We  pumped  it  in  tho  spring  of  1^^02  to  tent    howoll  and 
to  sink  a  oliaft  a  ound  the  well,  and  xia^  I  think  I  can  find 


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I  i»  .oranduma  of  it  htre  sorrMwh^ire.  Sorietiia*  in  tiia  e&r* 
ly  part  of  Uarch  «d  atari  d  to  puijp  that  well  and  to  aink 
a  a'mft. 

Q«  W)Mtt  year? 

A.  1905i. 

Q*  With  what  buocobu  and  «.  at  effect? 

A.  I  notice  here  that  ae  set  up  the  piuqp  an  the  4th  of 
llarch.  On  Uarch  12  I  have  a  QfemorandUB  which  laye  "puqp- 
ing  the  wall.  Motor  rune  740  rovolutiona;  purjp  720.  Lo^ore 
the  voll  60  fact  and  puc^a  90  inchea  of  M-at  r« 

Q*  To  what  extent  did  it  lower  the  water  balow  the  laTal 
at  which  it  a toed? 

A.  I  belit^ve  it  ie  about  55  feut  to  water.  The  next  day 
■no  jttice.  Well  Mo,  14-- 

Mr«  rhapMan:    -•.  No   /.at? 

A.  No  ele  tricity  to  puaop  with.  On  Uarch  26  mo  inat&llad 
anotJiar  motor*  Uarch  2/0  punqiing  with  a  20-hor8epower 
and  a  40  horaapower  motor.  Discharge  five  feet  abo?e  tha 
ground.  It  dra^^ra  the  water  don  65  foot. 

Q«  Does  t  lit  EBan  63  foot  of  r.bbolute  low-  ring  of  the  water 
levol,  or  til  t  mch  below  tlie  8';rface  of  the  ,;xound? 

A«  It  lovarod  the  vm^^r  25  feet.  It  was  40  feet  to  tha 
water    W'ion  not  pumping  and  it  lo/fe  ad  the  water  25  feet, 
laaking  65  feet. 

Mr.  rhap:.xin:   Q.  Does  it  ah(w   in  w  at  length  of  tixaa  it 
lowered  it? 

A.  Ihu  pucip  ma  nuinin^;  day  and  niic^t,  ri^^t  along  con- 
tinuously. 

Q  •  You  have  only  given  tiia  date  of  March  25. 


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km  I  rtreuiber  we  were  sinking  the  shaift  and  we  ran  day 
and  nv;ht,  the20  horaepower  netor  runni!!^  942  reTolutione 
and   the  other  at  745  revoluotlons,  uaing  75.6  horaapover  and 
imping  1('^  inches  of  ./ater. 

lir.  Britt:  0.  Do  you  know  for  what  length  of  tiae  u :&t   .<iu 
run?  You  said  it  was  for  t^ie  purpose  of  sinking  a  shaft* 

A*  Yes,  sir;   it  was  run  ct.ntinuuusiy  ni^,ht  and  day. 

\Jl»    v:>iat  was  the  object  of  pumping  liiewell  then  ? 

A.  To  ke-jp  'iie  wattsr  out  of  the  way. 

Q.   Vnor-i  -.ore  you  sinking  *he  shaft? 

A,  Ri  iit  about  the  well.  The  well  was    pretty  neur  in  the 
center  of    ho  abaft;     nd  the  idea  was  to  sink  as  low  as 
we  could  and  *.>.on  tunnel  acres s  to  another  shaft  near  there 
that  wont  into  the  tunnel—  the  S?idy  Tuniiel—  and  to 
lover  thu  water  across  or  siphon  it  across  into  the  lady 
Tujmel.  Tliat  was  ih-j  schame  we  were  workin^^  at  that  time. 

Q.  What  su  cess  did  you  make  of  it? 

A.  It  was  not  completed  when  I  prot  lhrou*;:h  with  the  job. 

Q.  What  did   vou  observe  as  U   the  c^uantity  of  water  in  the 
ihaft? 

A.  fa  pusqjed  as  hi^  as  21fi  or  220  inches.  Af'er#arria,  I 
notice  a  mMnorandum  here,     I  changed  'he  aise  of  tho  puiluys 
and    'ot  better  efficiency,  and  after  that  le  pumped  ov^r 
200  inc!ieB. 

-  .  W^ist  effect  in  lowering  the  water? 

A.  That  is  the  only  record  I  have  of  the  d   pth;  63  feat. 

Q.  Did  it  lower  it  any  beyond   t^   t? 

A.  I  t>  ink  so, 

Q.  How  flsich? 


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A.  Vory  li+llo.  It  would  uUnd  abrut   t  fit  point. 

Q»  You    ;;;y    x.nt  job  w&B  not  coB|)lot«d  whtti  you  fnv     \Hj 
and  abandoned  it  or  quit  it«  How  long  afterwaras  did  you  sue 
W)at  ^Jiey  did  to  sink  the  el.aft? 

A.  I  wfinH  in  cfjargi  of  U)<>  rork  aftar  t  at  ticw, 

Q«  Did  you  nakt  any  onnection  by  siphon  betwaen  t  at  wbII 
and  tho  Sady  Tunnel? 

A.  I  didnot. 

Q«  Or  by  any  other  atm? 

A.  No. 

Q*  IXaring  'ho  ti«s  tJiat  you  wore  punqtiag  tixt  we.i  nA 
you  aaka  any  note  of  the  water  in  the  wall  above  BaRO  Line, 
further  north  above  BaJie  Line,—  theSan  Antonio  Weil  No,  IT 

A.  No;  I  made  no  obeenrationB. 

Q,  Wen  you  were  siphoning  tho  Stowell  well  or  piping  it 
off  did  you  uake  any  note  of  the  wa-er  in  the  wella  tiiat  I 
have  mentioned  Just  now,  San  Antonio  Well  No.  1? 

A.  I  laade  aome  obeo rnrati onu  there.  I  don*t  know         '    or  it 
is  Well  No.  1  or  wli&t    t  was. 

Q.  Describe  the  well. 

A.  In  '96  I  famd  tho  hi  ht  of  the  water  in  the  Stowell 
wall  ap})arently  infiuoncod  tho  leval  of  the  water  in  the 
B  af t  above  Sixteenth  Streot. 

Q.  In  liiat  way? 

A.  When  wa  drew  the  wator  down  in  ^hm  well  the  a)  aft  was 
dry,  cOB^ratively.  Wi  en  we  allowud  the  water  to  rise  in  ' 
the  Stowell  we  11  tiiero  aas  wator  in  the  bottom  of  the 
shaft  in  tlie  Six  etmth  Stroot  veil. 

Q*  Do  you  know     hen  thbt  Sixteenth  Street  well  thttt  you 


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A.  I  think  it  wna  sunk  in  about  '94. 

Q,    iTatwap  the  distanco  af proximately  b«tweun  the  Stowell 
well  and  t'la  Sixteenth  Street  irell  ti^at  you  hate  oantion- 
ed? 

A.  I  shculd  aay  it  wao  about  2(X0  feet, 

Q,  Did  you  make  U:at  obaorvation  at  acre  then  one  time? 

A.  Yea,  sir. 

Q.  How  cften? 

A.  I  t)iink  I  was  up  ^itre  ti^ree  times. 

Q.  Did  you  obeerve  that  wi.en  \he  water  wab  imm  down  in 
the  Stowell  well  it  was  do*n  in  ti.   t  al  af  t? 

A.  It  was,  about  from  12  to  1;>  hou- a  aft-jr  waras.  After 
the  charge  wa    made  it  would  be  noticeable  in  the  sluLft 
above, 

Q,  Did  yoVL  notice  at  ay  time  i^iether  the  water  entirely 
disappeared  in  the  shaft? 

L  Well,  it  wa;i  comparetivoly  dry  div^ing,  Tlioy  were  sink- 
ing the  sViaft  at  t  ::t  time.  That  is  how  I  happened  to  kiww 
about  it. 

Q.  HMttwas  the  depth  of  t}ie  shaft  at  that  tisB? 

A.  40  or  50  feet. 

Mr.  Chapnan:  Which  ihAft  are  you  speaking  of  now? 

A.  The  sliaft  sunk  by  Prankish    k  Stai.ia  north  of  Siitetjnth 
Street.  I  don*t  knew    .n/thing  about  the  nuni'oer?  It  was 
the  most  easterly  shaft  of  the  two  that  I  knew  of  above 
Simteenth  Street. 

Mr.  Britt:  Could  you  ^joint  it  out   on  this  exhibit  No.  1? 

A.  I  couldn't  loc.at.6  it  from  the  oa  •  It  was  alsK>st  iciaed- 
iately  north  of  the   ./ell  No,  4. 


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A.  Tei,  sir. 

Q*  And  ab(Ut  how  far  north  of  Bate  Line? 

A.  Abo- it  600  foot, 

Q.  Isr     '(h'^TQ  any  othtr  v«IIt  at  t.  t  tiae  north  of  tht 
Ba?  e  Line  and  d>out  the  distaroti  ti ot    ou  have  nontionadl, 
•iher  than  this  s'aft  t'  at  you  Sj  eak  off 

A.  Tliore  »ero  two  s!  afta.  One  wae  f  r  :iier  vest  than  the 
•no  I   ap<^;ak  of. 

Q«  It  nay  not  bo  l<citedon  Vat  tsap  at  all* 

A.I  think  it  was  about  north  of  the  dividing  line  ba- 
tveen  tihe  Ontario  and  the  Cucacioaga  Conpany'e  land. 

Mr*  Chapuan:  Q.  la  that  marked  on  Exhibit.  1 —  the  diTiaion 
line  botwean  Cucaraon^  CotQ)any  and  whit   other  cctipany? 

A.  The  Onta  io  lands  and  the  Cucanonga  Comjiany'B  lands. 
Tho  line  running:  on  the  west  of  the  '.raet  is  v<  ry  nearly 
■outh  of  the  well. 

0.  V'oot  of  w.  at  tract? 

A.  The  CuctuQOnga  tract—  betvieen  the  CuoMMnga  tract  and 
the  Onta  io  lands. 

Mr.  Britt:  Q.  'Nhy  do  you  distin^^uiah  that  pa  ticular  hole  r, 
in  the     round  aa  a  a  "aft  rati-ier  than  a  well? 

A.  The  only  thing  Tieiblo  from  the  top  ia  a  shaft.  There 
is  a  well  borod  throu^  the  are  ft  and  cut  off  at  the  bottom 
of  the  B^aft.  I  don't  t  ink  tiio  ot  er  aiiaft  wett  of  I  ere 
had  any  well  in  it.  I  tidnk  it  waa  the  only  bored  wall  north 
of  Base  Line  within  a   thousand  or*  two  fe^it  of  Base  Line  at 
that  tiiao. 

Q*  In  what  ye  r  did  you  notice  tl  at  influence  between  tha 
Stoiell  well  and  the  atiaf  t?al  iJoa  IMM 


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A.  1696,  at  the  tine  Mie  well  was  cut. 

Q.  Do  you  know  abo  t   '«,-  at  tlcie  .  lapaed  between  Uiu  first  of 
tJiat  serioB  of  threo  oboorvBtions  and  ^he  last? 

A,     I  think  it  was  sovenal  days  apart. 

Q.  What  amount  of  fluctoationx  in  tht  Stoweil  well  waa 
Uiere  at  thoso  times  which  had   tr.^  effect  t  tit  you  have 
desc  ib^^d,  or  at  aiy  rato,     had  the  coinciden  t  effect  t  at 
yai  described  in  the  sliaft  nortli  of  Base  Line? 

A*  We  piped  the   *96  well  up  ab^  ut  ten  feet  above  the  s  r- 
face  of  the  grcund  whicti  practically  stopp  d  'iio  flow; 
and  wo     also  cut  the  well  down  ab(  ut  8  or  10  fe^.t  below  the 
■  urface,  winch  oade  it  flow  fil"ty  incheo  of  water.  There 
MkS  15  to  20  fo't  difforwnco  in  *ho  elevation  of  U.e     water 
at  tiio  Stoweil  well, 

Q.   Stnte  wiiether  or  not  you  were  canging  the  clovation 
of  the  watior  in  tho  Stowoll  well  in  purpose  in  order  to  note 
that  effect? 

A.  Yes;  ay  attention  wao  called  to  Uie  fact  ti  at  the  wster 
went  out  of  the  bott,om  of  this  shaft.  Tat  the  men  were 
w  orking  in  the  shaft  as  do<p  ss  tliey  could  work  in  mter. 
And  when  mb  cut  the  well  off  ten  fe<3t  from  the  surface  the 
water  disapjoar^d  there  the  next  day*  Uy  curiosity  .as  aroused 
and  I  experinentud  a  lit'le  to  Be*^  if  I  could  find  out 
if  thero  vfa>')  any  connection  botwoen  the  two. 

Q.  On  su^estion  of  Jtir.  Stevens,  I  inquire  of  you  w^^ether 
you  cut  the  Stoweil  well  aboiH    ton  feet  below  t)  e  surface? 

A.  Yes,  ^ir« 

Q.  And  when  t^iatwas  rlono,  in  12  or  It)  hours  you  observed 
that  the  ivater  had  e;one  out  of  the     iliaft  wl«re  the  nsn  were 


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at  work  on  SijcU-tnUi  Street? 

A.  That  was  the  idea* 

Q.   An('  after  ti    t  ape -ture  in  the  ;  ipe  was  cloaed  did  any 
corroBponding  effect  followf 

A*  In  a  d&y  or  so      o  water  i«a  in  the  ehaft  abova  ann  it 
waa  wet  di  &^ng  a^in 

Q.  You  didn't  make  aiiy  note  or  ostiaata  of  the  flow  of 
the  t  well  No.  14  at  the  level  of  the  tunnel—  the  Eady 
Twv.al? 

A*  Yes;    I    have  bad  an  idee  about  w  at  it  woidd  flow. 

Q,  What  waB  it? 

A.  Three  to  four   hundred  inches.  T^  at  is  tixe  eatiaoate  I 
nade  of  it. 

Q.  Do  vou  know  what  dojith  the  &idy  Tunnel  at  Ui&t  well 
bolow  the  surface  of  the    ground  was? 

A.  I  nhrtild  judge     it  wao  ah  ut  lift  foot. 

Mr.  Chfipran:   Q,  Are  you  talking  about  the  eame  well  now? 

A*  Isll  No.  hi,  he  asked  me  abvut. 

Mr.  Haskell:   I  call  your  attention  to  Plaintiff  a*  txliibit 
No.  1.  Thort!   is  a  point  hero  markad  Well  No.  14,  wliich  is 
at  tiio  nortlierly  extreuity  of  the  Kady  Tunnel  as  aarked  on 
this  ma|).  Is  t^iet  the  well  you  havo  referred  to  as  woll  no. 
X4? 

A.   It  is. 

Q.   And  1  alfciu   oil  your  attontion  to  a  wail  marked  Well 
No.  4,  1896,  El.  l.^S5.  Is  *hht  the  woll  you  hate  referred  to 
in  your  testimony  aa  woll  No.  4  and  also  as  Qvo  Stovell 
well? 

A.  It  ia. 


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Q,  Do  you  know  the  proparty  knovm  aa  the  Patricio  Maria- 
cano  property,  within  the   ftxterior  boundariei  of  Uie  Hancho 
CucaxnoTv^a,  consicting  of  80  acroa? 

A.   I  know  t}>e  iXariacano  p  ace. 

Q«  How  long  have  you  be«    acquainttid   wiUi   t  at  propert  y? 

A,   f?ince  about  'e?, 

0,  Have  you  had  anything  to  do  with  the  ubo  of  the  «i^nr 
on  th^t  property? 

A.  Yea,  si  r« 

Q«  Do  you  know  how  much  water  Yab  be>  n  la  ed  on  th  t  prop- 
eH,y  and  in  connection  niih  it? 

A.  I  t)\ink  it     as  be^n  rmted  with  ei^t  inches  of  water, 

0,  Have  you  ever  Xeaaed  t.h  t  j^rojjorty  ycureolf? 

A.   I  had  it  fron  Marsif  ano  for  a  ntunber  of  years. 

Q.  W^at  did  you  do  with  the  water  and   '-  e  l^^nd? 

A«  I  let  it  t.o  a  Chinaman. 

Q.  Wiat  wae  i^jrown  on  it? 

A.   Strawberries  and     v>     tables. 

Q.  And  was  th'<t  water  usud  on  the  place  for  screwing  wegtt- 
ables  and  strawberries? 

A.   Entirely. 

Q.  During  w):at  ^^Briod  of  time  was  that  and  w^<aB  was  t  at  so 
Qted  to  your  knowieci^? 

A.  I  think  I  had  it  for  aix  or  sov^n  years, 

Q.   And  ;^/:  en  did  youv  loase  expirsT 

A.  I  t><ink  it  has  irpt  one  or  twf  ^ftmrm  to  run  yet. 

Q.  You  are  a  till  ao  using  it? 

A.  Yes,   uir. 

Q.  frca  what  source  does  that  viator  cons? 


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A.  It  com  a  ^rom  the  Rod  Hill 

Q.  From  thy  f'ucamonjgfc  SpringB? 

A.  SOB»  of  it« 

Q.  T  rough  w^iat  pipe  lines  is  t  at  conveyed? 

A,  Of  theCucaracn,  ■;&     a  tor  CoBipany. 

Q.  Through  nl  at  pipe  lineais  t  e  water  conve  ed  to     thi 
Matthaw  Tu  ner  property  and  his  asBOOiateB? 

A.  The  lines  of  the  CuctBonga  Vator  Co, 

Q,  Georgo  D,  Huven? 

A*  The  saias. 

Q.  Do  you  kno'i  the  UuaaeLjan  property,  con&^..Ling  of  20 
acred,  xathin  the  eocterior  boundaries  of  t-ho  Ranch©  Cucamonga, 
now  owied  by  (kor-ge  D.  Haven? 

A,  I  don't  think  it  is  in  the  rancho  Cucanon/^a,  but   I  know 
the  property, 
Q,  Throu(;;h  #  at  pi]»e  liaea  wae  tb   t  imter  conveyed? 

A.  CucaMOn0ifater  Com{)any. 

Q.  And  the  Cucamonga  acted  in  a  carrying  capacity  and  de- 
liverfid  the  water  to  them  an  the  ownera  of  the  water? 

Mr.  Chapoa  :  Objected  t^  as  incoqpatent. 

The  Cvurt:   a.Btained. 

Q,  Have  >ou  evee  acted  in  any  capucity  as  an  off  icor  of  t 
the  Cucamonga  Water  Otppany? 

A.  I  have;  as  preeidont,  fora  good  niany  >>ear8,  iocx  of  liie 

COBQMUqr* 

(i   How  jnany  years?  A.   I  should  judge  ei^t  yeare, 
Q*  During  t   ut  time  riidyou  hive  ciiarge  of  delivering  the 
water  to   the  persona  I  have  narjed,   or  did  ycur  ccmp9Jijf 
A.  Tho  conpany  delivered  watur  to  Turner  and  to  Ifussel* 


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!•  I  don*t  think  *-hay  mer  -"liy^^r  6  any  to  llarBirano, 

Q.  Didn't  it  ;^  throiv^  thoi;    pipe  liiis? 

A.  Tham  was  water  used  on  tho  place  that  tont  throu  h  tha 
pi]>fl  lin<^8,  but  I  cion*t  baiiaTo  ti  ay  aver  delivered  any  to 
liaTBirano, 

0*  But  it  wau  deliver'^  on  ^iw  place,  «aa  it  not? 

K   Oh,  yes. 

Q*  And  Uie  aains  with  Kavwi,  was  it  not? 

A,  It  wa»  delivered  at  a  rart.in  point;  yee,     ir. 

Q*  And  t't  dolivary  laa  aada  by  your  coopany  for  t:<aat 

A.  Our  unjero  delivored  it. 

Q.  And  you  chai^od  th«i  for  tho  service  of  delivery? 

Mr,  Oref^/ :  Obj^icted   to  aa  leading. 

A.  We  c>mr|B?Kl  it,  but    hey  novor  paid  it. 

Q.  And  ^bo  conqjany  reco^^TTiized  tJ-em  aa  the  owners  of  the 
water,  did  it  not? 

Ulr.  Chap  an:  ObJ  cted    .o  aa  lending  and  incoopet^nt. 

Tlie  Cou  rt:  Sustained.     In^^frenor  excepts. 

Mr.  Britt!  0.  I  dftsire  to  dirort  your  at.  tent  ion  h«ro  fsp 
a  f e  -    nrnnonta  to  aona  ontriea  contained  in  plaintiffs* 
exhibit  32,  in  wir  ch  N«  V.  Stow  11  is  mentioned  as  observer. 
Rave  you  any  record  of  an  obaerv  tion  or  measunsaent  of  «ater 
mde  by  you  Sopteaiber  19,  1901,  of  the  water  fro«  the  *T* 
Tunnel  and  cienoiP^? 

A.  Vhat  i«  the  aaount? 

A.  30.70  inches. 

A.  Too,  i»ir. 

Q.  Wliat  ia  Uiftt  measui'— Bt,  Mr*  SWvoUT 

A*  I  chucked  over  the  Ipasursasnts  sn  the  blue  print  and 


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I  fcfund     hem  correct,, 

Q,  Wliat  meafliJ  oiijont  have  you  of  Sep-  er.ber  IV,  IVOl,   dO  and 
ft  fraclion  incheii  of  wat^r —  3f).70? 

A.I  chockco  all  those  meeturamsnts  ovor. 

0.  On  this  exhibit  32,  Let  ■»  call  your  attontion  to  this 
date  to  which  your  attention   /as  diroctod. 

A.  Triat  ia  tlie   "Y"  Tunnel  and  cient)i_;a? 

Q.  Yqb, 

A.  Hiat  ia  cor'-ect. 

Q.  You  made  that  aeaui^rurKnt? 

A.  Yes,  air, 

Q.  And  found  that  amount  of  water? 

A.  Yos,  sir. 

Q.  I  now  aok  your  attention  to  another  antry  of  Apnl  1, 
18V9—  leToral  raeasurea  n  te . 

A.  Un'er  'he  firot  colunm,  Croek  Division  Box,  107,25; 
16-inch,  96.20, 

Q .  16-inch  pipe  lino? 

A.  Yea,  sir;   tho   socond  column, 

Q.  Making  a  total  of  — 

A.   205,4*3, 

0,  Novariber  11,  1901.  N.  '»'.   Stowell  moaHuroa  at  Cre«  k  Di- 
vision Box,  46  inches.  Do     cu  know  anything  ab  out  ihat? 

A.  I  don't  find  it, 

Q.  Thorti  ap^roar  here  bobib  oeaBureoenta  oftde  by  you  the  9tm> 
d.-ite  on  tho  west  side,  32.12,  at  Cucamonga  well,  &h  you 
call  it,  and  nmrkod  here  as  w«li  no,  1,  on  Nov«uber  11  1901, 
and  aome  116  inc  es  of  water  of  the  San  Antonio  Wat^r  Coia- 
pany. 


<  S  o 

B  <  jj. 


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A,  I  don't,  find  any  nersorandum  of  it. 

A.  W»*ll,  ail   ri  ^^t.  I  vili  not  atop  to  haYo  you  run  .  cir 
data  doim  now,  but  I     may  want  you  to  do  so  lator.     I  will 
inquire  of  you  w;ethor  you  hare  ©rer  obsarYod  the  nature  of 
the  naterial  in  tho     round  on  Uie  aurface  and  below  the 
■urfuce  by  Means  of  wells  or  borings  of  any  kind,  wdbher 
by  yourself  or  other  persons,  in  the  territo  y  between  the 
Cucanonga  Springs  and  thence  up  toward  the  mountain  and  the 
mouth  of  C  ucamom^a  Canyon? 

A.  I  Ywifo  observed  it, 

0»  What  ie  the  nature  there,  speaking  generally,  of  the 
material  on  the  surface  of  the  -round  beneath  the  aurface 
also,  as  you  have  observed   ,  from  bcidngs  and  excavations? 

A.  After  leaving  the  Rod  Hills  the  surl'aco  is  nearly  all 
covorod  with  ^yavel  and  boulders.  The  #olls  and   i.hafta 
dug  th'-oijgh  it  show  the  strata  to  be  alternate  clay  and  grav- 
el and  boulders,  witiiout   uny  regularity. of  formation.  It 
is  very  irregular. 

Q.  '*hat  do  you  mean  by  I  at? 

A.  Til  at  there  is  no  regular  stratification, 

Q.  No  continuity  of  the strata? 

A.  No,   sir. 

Q.  Were  there  no  itratas  of  clay  that  you  passed  t-  rouj^ 
la  your  borin^;a? 

A.  I  haven *t  any  records  here.  I  haT«  recoras  of  all 
those  wells.  There  ware  some  strata  of  clay  that  were  40 
faet  thick,  and  other  places  it  would  be  very   tiiin—  a  foot 
or  a  few  inches,  and  sorje  of  t>iflB  10  fe^t..  As  a  general 
thingi  Mout  of  the  wells  were  about  two-thirds  gravel  and 


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bouldtri  and  one-third  clay;  but  no  t*o  of  ':•  em  cc  rreepondod 
at  tha  BABM  d'Ji-)^  or  the  ■aiaft  thickneBS,  It  would  be  im* 
possible  by  boring  one  well  to  judge  what  kind  of  strata 
you  «Duld  strike  in  mother  w  11. 

Q,  How  nany  wolis  havo  you  put  d  vm  in  t     t  Ticinity? 

A.   I  BU[ipot<o  of  wells  and  sliafts,  20  or  20« 

Q.   And  you  hbd  an  oppor^Ainity  to  know,,  all  the  wells? 

A.  Yes,  air;  prrxtically  all  *ho  wells  bor'id  in  ^h  t  coun- 
try, the  work  as  it  progressed* 

Q,  State  wheth^^T  or  not  th^^re  was  any  siaiilarity  between 
the  formations  of  those  various  walls  Uiat  >i'U  speak  of? 

A*  They  were  siDiilar  in  their  disiiirailarity. 

Q.  Wiat  1CLS  tho  '^Goral  nature  of  the  material? 

A.  ^le  nature  of  the  material  .-md  tho  stratificntion  were 
very  irregular,  so   t)  at    'ou  couldn't  teil  from  ono  wwll 
w'  at  you  -lould  otrike  in  the  nort  one,  even  cioso  by. 

The  Court:  Q,  How  did  the  clay  Uxat  you  speak  of  finding 
in  Uie  wells  casopare  with  the  material  found  on  the  surface 
of  tho  RcdHill? 

A.  It  was  the  sane  thing.  On  tiie  90-acrfj  tract  we  struck 
earth  ani    a  similar  fomation  tliat  tho  surface  is  on  top  of 
the  Red  Hill.  T^iat  is,   in  \h&  tunnel.  We  found  the  remains 
of  briish  raots  and  gpher  holes  and  squirrel  Moles  at  80 
fetit  beiOi«  the  surface,   shovdng  thut  at  one  time  it  was  the 
■urface  of  the    arth  at  th  t  point.  Above  it  would  be  wash 
gravel  and  above  that  other  stratifications  cf   clay  and 
sediiaentary  deposits , 

Q.   State  wletlior  or  not  in  all   l^e  wells  you  found  sooi 
fonaations  of  sand  and  gravel  and  cl^y  and  boulders? 


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k,  Y«n,  i;ir. 

Mr,  Haakoll:  Q.  Did  the  g-avel  that  you  found  coming  from 
theee  wo  la  ihow  any  evidence  of  having  be«n  worn  acie  th? 

K»  Soue  of  it  was  smooth  WEiBh  (V;ravei  and  some  of  it  w&:. 
very   b  arp.  It  varied  in  t.    t  respect,  Sotae  of  Uic  boulders 
were  aoEOooth  wauh  gravek  aiid  bouidors  tliat  it  was    alsx>st 
ia|)oauibie  to  get  throii^.  It  ia&  very  bard. 

Mr,  Britt:   Q,  Wat  characttir  of  stone? 

A,  Grtnite. 

Tlic  Court:  iiow  l&rgo  were  the  largest  boulders  tliat  you 
encountered? 

A.  In  tiie   '^6  well,     we  bo  rod  to  about  30  feet  in  dopth 
and  oiruck  a  bed  of  boulders  and  had  to  dig  a  shaft  to  get 
them  out.  '^ome  of  them  would  weigh  a  ton,  and  very  iiard 
and  flinty. 

Q.  Were  th<  ae  vjashed  roimd? 

A*  W&ch  bouidors,  smooth  and  hard. 

Q.  How  did  that  experience  compare  with  t;>;e  other  wells? 

A.  The  *9C  well  we  }.ad  the  moat  difi'icuity  with  on  accouit 
of  U:e  ;  ardnoss  of  the  material.   It  is  possible,  thou>^, 
t' at  we  HQce  using  inferior  toole  at  that  time  to  w  at  we 
were  using  after/rards,  and  the  to  ;ls  may  huve  i^id  MOBthix^ 
to  do  with  the  difficulty. 

Mr.  Haakeil:  Q.  Is  well  no.  14  perforati4? 

A.  Yeo,  ^ir. 

Q.  From  <ii&t  dietanco? 

A.  I  couldn't  ill  that   .v  htout  the  record. 


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CroBflKxmmination. 

Mr«  C'\  p  jin:    .,     At  whiat  depth  below  ^he  Burfftce  did 
you  strike  wat^r  in  the  '96  or  Sto-ell  well? 

A.  About  twlvt  feet,  if  I   rerwniber  ri^jht. 

Q.  las  the  water  then  continuous  from  t  ere  dcioi  to 
tli«  bo  t  ton? 

A.  I  think  bo.  We  couldn't  IhII  Wcause  the  water  would 
follow  down  wherever  we  d  g« 

Q.   As  well  as  you  could  dotonnine  it  was  continuous? 

A.   At  30  or  40  foot  down  w©  had  to  sink  a  s' af t  to  ^ot 
throng,  and  after  t'  at  we  encountered  clay  which  was  com- 
pftrntively  easy  working;  but  on  'op  of  t  at  clay  we 
found  K  modx  an  immense  nest  of  buuldurs  which  was  very 
difficult  to  45et  through. 

Q,  And  at  what  depth  d?d  you  strike  that  pile? 

A,  Between  30  and   40  feut, 

Q,  How  thick  was  the  stratum  of  clay? 

A.    I  don't  nnnernber.  It  was  ciuite  a  thick  strata,  Diere  is 
are cord  of  it  here  in  the  court  that  you  could  find       out, 

Q.  In  theMcPherson  cose? 

A,  Yes,   liir. 

Q,  Can  }'ou  locate  on  plaintiffs  exhibit  1  the  Stowell  *feill 
and  well  no,  4  and  Uie   '96  well,     irtiich  are  several  na:.iOB 
that  ti'o  well  is  kno  n  by? 

A,  It  is  l^cated  at  the  angle  of  the  tunnel  and 
elevation  1396. 

C.  What  designaiun  is  given  to  the  well? 

A  1896. 

Q.  And  elevation  1396?  A.  Yes,  rir* 


I 
2 
3 

4 


9 
10 

11 
12 

X  13 

III 

Z  "-  ^^ 

aog  14 
<  S  " 

-^  =  1 
i  16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


0.   Do  vou  know  w  dtht)r  t^->it  ma.rki  tho  •levaticm  of  U:e 
water  ''     n?  you  orif^nally  etruck  it  or  Uie  sorf&co  of  ^he 
ground? 

A.  The  nlovation  of  thesurface,  I  be  ieve,  Accoraing  '.o 
the  cwi'our  it  is  the  slevation  of  the  aurfac*. 

Q.  Tould    'cu  tell   4\en  you  wee  ;i'/'ing  throu^^  this  atratuli 
of  c  i  y  ii^mtlier  tlifjro  wae  any  mtor  in  the  clay  to  amount 
to  anyt}iing? 

A.  I  couldn't  tell, 

Q,   ^^at  tiiae  waa  it  t>i::.t  ,c.u  cut  do^n  thia  wt»il  first? 

A.   I  rton*t  raneciVer  UyQ  date, 

Q,  Do  y<^u  r'riesi)er  the  year? 

A,  •?  . 

0.  Have  you  any  lae  orandura  hery  by  viri-,ich  you  can  ahow 
when  you  com  need  to  sink  that  well? 

A.  I  h?'ve  not, 

Q,  Do  you  rfi! member  at  #at  tiLie  of  tJ-ie  yaur  it  was  that 
your  attention  «a«  called  by  t}ie  ownera  of  the  well  above 
the  Ba  e  Line—  the  Sixteenth  Street  well—  as  to  'he 
B^iposed  effects  of  tho  cutMng  of  your   well  jbuL  On  the 
shaft  there? 

A.  I  don't  rerienijf^r  the  data. 

Q.  Do  YOU  know  how  deop   .ator  waB  in  Uie  abaft  before  you 
ait  tho  No,  4  well? 

A.  I  t';  ink  it  waa  about  40  fett,  the  depth  of  Uio  ahaft, 

Q.    How  deep  ma  U.e  »&     r  in  the  abaft? 

A.  T  at  I  don't  know.  I  don't  think  at  Uie  tine  the  w«ll 
waa  bored  tbat  the  shaft  was  down  ^jo   jater, 

Q.  At  the  time  your  well  waa  bo rod? 


34 


1 
2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

X  13 

m 

as  •- 1-' 

<  2  o 

«.i  15 

(g  <  Mj 

:  16 

o 

17 
18 
19 
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23 
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25 
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A.  At  the  tirae  the   '96  wall  »»?•  boned  I  don't  think  the 
■liaft  at  ttiat  tine  re^cliBd  quite  to   wter. 

Q.  Ana  you  know  how  de  ;p  the  water  vtiB  there  in  the  8>jift 
exactly  or    .  jj  jroxii:ately  at  the  tirae  you  c  .t  the  Stovrell 
well  the  firat  tirae? 

A.  Ae  I  reoembor  it  they  were  sinking  at  Uie  time, 

Q.  Sinking  tJie  shaft? 

A.  Sinking  thooh.aft  at  tVni  time,  and  at  A  out  the  tiw 
we  were  cutting  the  well  they  had  aiink  down  so  tl  at  they 
got  a  little  water  in   .lie  but  ,offl  of  T,ho  ohaft. 

Q.  And  you  cut  *iio  Stove  11  mil  about  tan  fo.-t  below 
tho  surface  of  the  water? 

A.  Below  the  sirface  of  *Jie  .-round. 

Q«  *iat  dtpth  diri  you  any  you  struck  mter? 

A.  About  +Jie  aat:»  dopth.  10  or  12  foet,  if  I    rerieafcor 
ri  jht, 

Q,  How  deep  hsd  ;.'ou  sunk   the  well  i^en  the  •?  +er  rose  up 
to  the  eurface? 
A,   I  don't  r^^'-^rabsr. 

Q.  You  Bay  ■  ou  had  a  pipe  about  t«R  feet  above  the  surface. 
A.  Yes. 

Q.  And  thewa'er  rosa  up  to   the  top  of   tMat  pipe? 
A.  Yes,  sir. 

Q«  W;»  t  at  after  ,ou  h- d  nompletwd  the  well? 
K,   Yes,  Hir. 

Q.  How  d^)t  p  Mas  it  when    '^ou  conyletod  it? 
A.  I  have  forgotten. 

0,  Do  you  rwrteflfcer  hrw  nd'O-  to  the  top  of  the  ^j;round  the 
water  was  when  you  cut    Jio  voll  10  feet  below  the  lurface? 


\  ■  ■-> 


1 

2 

3 
4 

5 
b 
7 
8 
9 

10 

11 

12 

X  13 

ai 

20=  14 

*-^ 

M  -.  5  Id 

a  <  jjj 

-  O  3 

^"16 
17 
18 
19 
20 
21 
22 
23 
24 


2S 


26 

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A.  Flowing  OT©r  the  top, 

Q,    ^en  you  cat  it  t  en    as  it  juet  biuroly  flowing  over  Uil 
top? 

A.  Ujr  ic^r  Bsion  is  t!  at  it  f  loved  about  20  or  Zb  inches 
over  the  top  at  the  :  nrface. 

0«  '^len  ycu  cut  it  at  Uie  dopth  of  10  fet^t  do  you  know 
how  ouch  you  incroated  the  f  loir? 

A.  About  d-ublod  it. 

Q.  You  were  then  taking  about  40  or  50  inciiee? 

A.  About  50  inc'fts, 

Q.  Then  hov  long  web  it  before  Uie  effect  in  the  ohift  «ui 
obaoivod? 

A.  Thv  boye  Uuit  vevt  working  in  the  abaft  cciao  dom 
DBxt  morning  and  aaid   that  the  water  drO);jed  out  of  the 
&  af  t,  and  wanted  to  know  liiat  we  were  doing,   tfid  I  ahowed 
thora  w  i>t  we  had  don-a, 

0.  But  you  don't  know  how  cuich  tiie  water  subaided  in  that 
■haft  in  ordor  to  get  out  of  the  shaft  entirely? 

A.  No,  :  ir, 

Q.  It  nuj-iat  not  have  beon  ov  er  two  inclea? 

A,  No,  sir.  Pr-obably  not, 

Q,  After  .^hat,    /ou  sy  ,    ,'ou  escperimented  with  well  no,  4 
for  the  purpOBu  of  deturLiining  to  yoir  eatiafaction  whetlier 
there  waa  any  influenco  exert  d  bett/een  thene  two  veils. 
Do  you  know  about  how  1  ng  aft»)r  the  f init  oboervation  it 
vaa  before  you  aade  any  cVAQgjss  in  your  observation  for  the 
purpose  of  Booing  w'^e  t  influonno  it  would  Viave  on  the  ahaft? 

A.  I  Uiink  it  was  within  a  day  or  two  after  t  nt  trat  ve 
put  the  pipo  on  a^Tiin. 


1 . 


1 

2 
3 
4 


9 
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12 


X     13 

al 

-  *  *  1  I 
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2  *  S 

M.i  15 


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it; 

O  3 


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17 
IS 
39 
20 
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36 

Q.   And  f  en  th«  effect 

A  .  To  cake  the  water  rise  in  the  shaftac  above  next  day. 

Q.  And  in  the  mean  time  O  ey  wore  working  on    he  ahaft? 

A.  Yef5,     ir. 

Q .  Y  u  don't  kno^;  //hether  thoy  hiid  lowered  the  s  aft? 

A.  No,  air, 

Q.  Then  hiwi  lo/ig   ;ai;  it  before  you  next  experiiaented? 

A.  A  a  Boon  as  I  wont  up  and  found  t  at  they  w?  re  b^  oTeling 
out  mud  I  opened  the  woll  belov?  a  Bin,  to  let  *Jno  thing  dry 
out. 

Q,  !Iow  long  wao  it  h  efc^re  you  diecovored  it? 

*.    At  I  recolloct,  it  was  overj'  day.  That  ie,  if  I  went 
up   a^;a   found  t' ..:t   the y  wore  slioveling,   I   i  r.odiately  turned 
the  water  loose  and  t}io  next  day  I  wont  up  and  found 
it  dry.  There  mi  -ht  have  be  .n  anotJior  day  between,  but  near- 
ly every  day. 

Q.   All  oftheae  axperiuents  were  within  a  tm  days? 

A.  Yea,   Ldr. 

Q.  Prohably  five  or  six? 

A.  P  oljably  w;.thin  a  wook, 

Q.  Wien  did  vcu  next  cut  tliia  Stcwell  well  or  '96  well  low- 
er th&n  tLo  10  fcot? 

A.  I  think  it  was  abcit   four  yeans  aftor. 

Q.  Tl'iat  would  bring  it  d^wn  to  abc  ut  1^00,  tooetiae? 

A.  Yes,  sir;  sosiewhere  about  t  at. 

Q.   And   th^n  how  far  below  the  surface  of  the  ground  did 
you  cut  it? 

A.  It  was  cut  in  the  twmel  V^on  it  was  cut  ut  all. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

X  13 


-  I  ir  ,  . 

'  «  S  _ 
^.115 

-  <  UI 

-  a. 

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">■) 

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Q.   Tou  did*t  aaks  anothar  cut  in  'J.^t  tunnel? 

A.  No,  »ir, 

Q*  And  ^'he  tunnel  v>a8  aboiit  how  far  belowf 

A.  Souetiiinei  like  I'lO  feut  or  a  litMe  acre,  p/x>bahly, 

Q.  I  beiiovo  you  s'.uted  t  at  t    it  well  t-.bt  ;  ou  hare  referred 
to  above  the  Ba  o  Lino  upon  j^iich  these  experir;i«ntB  were 
ACe  wuo  diig  in  *94? 

A.I  Uiink  it  waa  dug  at  or  before  t>.at  tine. 

Q.  Do  you  r&uoiifccr  w  eth^-.v  it  was  thre-;  or  four  years  be- 
fcx-sf 

A.  I  had  no  occasion  to  note  it,  so  I  don't  roraAer  vimn 
it  WHU,  It  -ma  the  Frankiah  &  Stainm  well. 

Q.  Dicr'i   »avi  a  V'eM  bored  there? 

A.  Tn  r      'to  a  vaix  bored  in  the  bot^oni  of  Uie  shaft, 

Q.  How  danp  was  the  shaft? 

A,  About  forty  feet, 

Q,  IT  s9i  iii  tile  liitLt  tiioe  you   saw  tliat? 

A.  SLc  or  sQVon  yetirs  ago. 

Q.  Was  i'    in  ui;u   tJi«n? 

A.  Yea;   there  wau  a  puupiiig  pian\>  on  it  t}ie  l&st  tiae  I 
sftw  it. 

Q.  How  «aa  it  w^lu  \,i:a  oUior  woiia?  Did  you  oVbr  obeerre 
the  offact  on  any  other   veil  above  the  Base  Line  than  titat 
one? 

A.  No;   tiiat  is   ..ne   only  on«  that  I  evor  ^aid  a'.y  alle-ition 
to. 

Q.  You  Miink  t  fit  was  the  one   V  at  was  first  i)ut  down  by 
StaioaT 

A.  I   tiiink  it  is  the  only  one  that  they  had  tmx  k  xkiim 


}  i. 


wiih  a  woil  in  tho  bo  I  vera  of  it 

Q.  Of  thfit  Btring  of  wells  above  Bvte  Line  it  ma  Uie  first 
ono  00 riB  true  tod  or  put  down? 

L  I  don't  knev/. 

Q,   iftio  was  it?  Stauc  and-- 

A.  Frank ish, 

Q.  Did  t.hoy  put  dovfn  mr-     .    n  ono  «>il? 

■1.  T)\ey  put  d  wn  two  ahafta  ri  t^^  n«*r  there,  but  I  V  ink 
tl'iere  was  tmly  one  well  bored  in  the  bottom  of  a  b^    aft. 

Q  The  other  ia  a  dug  well? 

A.  Yes,  eir;    a  dug  si  aft, 

Q.  Do  you  knov  which  is  (i.e  firat  tat  w&s  put  do#n? 

A.  No;  I  do  not, 

0»  Did     ou  aft  rwardB  oake  any  obeh: vationa  aa  to  the  ef- 
fect upon  tu'ieao  vails  aboye  3a8e  Line,  of  t,ho  operations 
of  the  Stowell  we  il? 

A.  I  ne¥«r  dicl» 

Q.  Whun  you  laet  &aw  the  v  kll  above  Baae  Line  dirt  you 
ffleaaure  the  diatanco  to  the  surface  of  tlie  water  froa  the 
surface  of  the  ground? 

A.  If  I  r:!aefliber  ri/Jit  there  was  a  puaping  plant  there  and 
^lere  was  no  clmnce  to  meaaurs. 

Q.  And  waii  Uio  puii^  in  operation? 

A.  Yog,  .ir» 

Q.  You  nevrr  didmske  any  tach  aeaaurenenta? 

A,  I  have  maaaurod  the  wr. ter  th«r     a  number  of  tiaea  coo- 
ing from  tiie  well. 

Q.   Iftiore.  ia  tliat  taken? 

A.  To  Ontiirio.  


Q«  DoQB  i^-  jy^_^2l^2f^l}i^L-lhJJLzjL-d^^iL^mi^ML 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

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5  i  o 

<  3  o 

2   *  S 

M .  i  15 

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17 

18 

19 

20 

21 
yy 

w4w 

23 
24 
2s 
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29 


wells  go  thro  pji  thewoir  or  Beaiuring  box  y'OO  fo  t  west 
of  tholftdy  Tunnel? 

A,   Nothing  north  ofBaoe  Line  goes  throu^  ti  at  tunnel. 

Q.   f  at  are  the  waters  t^at  come  throu^  th  t  bb enuring 
box  weat  of  the  lady  Tunnel? 

A.  The     aters  cooe  off  of  section  4  and  5  and  south  of 
BsRe  Line  and  no^-th  of  the  San  Born/rdino  road. 

0  •  Any  water  which  cameB  from  the  Keidy  Tunnel  and  t^e   ..ells 
with  w*  ich  it  is  connected? 

A.  No. 

Q.  1)0  you  know  of  the  sinking  of  well  no,  14? 

A.  Yea,  yir, 

Q.  Bid     ou  see  the  Material  that  nan  br':U"j  v.  up  in  the  opera- 
tion of  R inuring  thct  woll? 

A.  Yoe. ,  iir. 

Q.  How   iid  it  coopsrt  with  t  at  in  tha  St  w.ll  well? 

A.  T1:ie  sajDO  general  character. 

Q.  The  sane  gonoral  orjiractbr;  but  how  was  it  with  respect 
to  boulders?  Were   t)ia  bouldora  a  s  large  or  aa  nuneroua? 

A.  I  don't  think  tho  boulders  wero  so  bed  cloi.e  to  the 
surface  a»  they  were  in  the  •96nwell,  But  it  is  difficult 
to  tell.  They  had  a  very  pow  rful   set  of  tools  nd  they 
didn't  mind  mich  about  boulders  so  cxich  ss  we  did  with 
the  li^t  tools  that  we  had  in  the   *9(\  well. 

Q.  And  you  cai*t  r,  11  what  the  comparison  was  between  thMi 
in  that  respect? 

A.  No,   sir. 

Q.  Row  ab'Ut  the  clay? 

A«  It  was  about  the  aama  average  formation;  a  strata  of 


n  <  ui 
-51 


1 

2 
3 

4 

5 
() 
7 

b 

y 

LO 

11 
L2 


L8 
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29 


oi&y  and  a  strata  of  gravel. 

Q,  lid  you  d«te  nine  anyUiing  about  the  clay  naterial  that 
oaiio  from  v/ell  14,  w  atuer  t  at  clay  8' ratun  or  tatBO,  which- 
ever it  iU/Jit  be,  was  jjormeat  d  isrith  water? 

A.  It  was  v/ithout  water. 

Q.  Clay  without  intennijcture  of  Band  or  other  :^T.erial  is 
generally  impervioua?  Sa&t  wtB  the  fact?  Was  it  pure  clay 
or  a  conf^iomorate? 

A.  Thcro  is  no  pure  clay  that  I  have  ever  found  in  any  well. 
Hher?    ie  eno\uj^  clay  mixed  wi+ii  Band  to  make  it  tou^Ji  and 
laake  a  ball,  but  not  pu-e  clay, 

Q.  Froo  j-our  •yo  and  kiiov;lod/';b  of  'he  country,  how  ia  i>he 
representation  of  the  Red  Hill  8  bo 'J:  on  the  west  arid  eaet 
on  Uiia  raap,  compered  with  witat  they  are  actually  on  the 
ground? 

•     A  very  >jood  repreeuntation. 

Q«  Do  yua  know  whethar  there  w^s  any  wells  uunli  on  those 
hi*ilB? 

A    Yes,  sir. 

Q.  Whore? 

A.  In  the  upper  part  of  the  90-acre  tract, 

Q.  How  f^r  from  th^)  north  boudary  of  the  90-acre  tract? 

A.  I  think  it  is  ahom  on  this  m&p  at  this  point,  about 
260  f eot  from  the  northeaat  corner  of  the  90-acro  i.ract. 

Q*  That  well  that  is  represented  th>3re  is  ju  st  outside 
or  aaid"  f^-oa  the  hatchua  which  represent  this  hiil,  isn't 
it? 

A.  Ihe  bluff  of  the  }iill  ia  nearly  tiie  wostorn  boundary 
•f  tlie  90-acre  tract. 


1 

-) 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


_  K  (t   ,  , 

s  o  =  14 


O  3 


15 
16 
17 
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22 
23 
24 
25 
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27 
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29 


Q,   By  t^he  contour  llnoB  wculd  'J  ''t  It^ave  tho  wull  triat  you 
hay©  pointed  out  horo—  irimt  ia  it? 

A.   fell  No.  1,   I   tViink. 

Q.  E  ovation  I'iOV, 

A,  Well  no.  1  end  no.  2  are   Mie  two  highest  welie  on  the 
tract, 

0,  Neither  of  t'  em  is  within  these  aarke  represfnting 
mountaine? 

A.  YaB,   nir;  both  cf  t:  em  aro  on  the  oDea  and  the  red 
hill. 

Mr.  Britt:  If  ,ou  will  allow  the  Bi*j^:oBtion,  Judge  Chapman, 
the  hatches  repreeont  the  cien*^,  r-jther  11  ^an  Ihe  hill. 

A.  The  hill  land   is  ri.t»*.  >'ir«, 

0.  What  do  you  mean  by  the  bluff? 

A.  Thero  ia  a  2,0  foot  diffe    nca  in  ol ovation  at  the  point 
on  the  caet  side  of  tJie  tunnel  and  the  point  ri  )it  over 
there.  This  is  +he  bluff  for  a  mile  following  from  the  aonth- 
east  comer  of  the  90-acre  tract,  alracf  t  diagonally  to  the 
no'th^reBt  comer;  tliat  is  the  lin'j  of  t>^ie  bluff. 

Q.  Now  thowell  t^^ot    3rou  point  d  out  first  ian't  anywhere 
netjr  the  bluff  of  the  hill? 

A.  It  in  up  on  the  ^lill, 

Q.  W  at  do  you  mean  by  the  bluff  along  this  line? 

A,  The  hill  is  on  tliat  aid  ;  a  v  ry  abrupt  bluff. 

Q.  All  ofih  above  the  tract  liiich  is  east? 

A.    All  of  it  above  the  tract  just  west. 

Q.   And  how  ab  u  t  the  east? 

A.  On  the  eaet  there  is  a  r^d^e  that  is  alittle  hi^er  thm 
it  is  at  well  no.  1. 


X 


1 
2 
3 

4 

5 
6 
7 

8 
9 

10 

11 
12 

X-  13 

•I 

Z  '-  H 

-la,, 

::-" 

2^i  15 
--  <  it 

_  O  3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q.   Ib  it  hi^ar  t(an  thii  bluff? 

A.  YeB.  Tna  Id^ieat  contour  line  eiiovB  1460  faet,  vt^iich  Ib 

50  fet;t  higbor  tiun  well  no,  2. 

Q.  Whera  IB  t>iat  1460  fuoL  ccntcur?  f>.at  la  th«  ono  juBt 
to  the  west  of  it? 

A.  10  fcvt  le«8. 

Q.  14%? 

A    Yo8,  sir;  Tn  re  ia  a  raiaed  oap  of  t*at  territory  in  th 
covirt,  if  you  wsii  to  aee  it. 

Q,  You  tiado  it,  dia  ./ou  not? 

A.  Yob,   sir, 

g.  T  at  iRiB  used  in  thm  McPherson  case? 

A#  YeB,  eii', 

Q,  Did  >'ou  Hou  V-e  laaterial  t  tt  earn*  from  t«t  well  no. 
2? 

A.  No,  sir. 

Q.  W  at  waa  the  Wfili  numbered? 

A.  1.  No.  1  la  aaat  of  No.  2. 

Q«  Viat  ie  ^iie  one  tiiat  iBweat? 

A  No.  1. 

Q.  No.  1  is  eat  of  No.   2? 

A*   No.  1  it;  on  tha  eaat  line  of  the  90-acre  tract  and  tk  . 
2  is  aboi  t  5f)0  fef^t  of  no.  1--  no,  about.  600  font  weet  of 
No.  1. 

Q.  You  have  atated  that  you  ^aare  a  wit n  as  in  th    UcPher- 
Bon  nauo. 

A*  Yea,  nir. 

Q.  And  tBBtified  in  1%0? 

A.  Yea,  bir. 


Ki 


1 

2 
3 

4 

5 
6 
7 

8 

9 

10 

11 

12 

X     13 

UJ 

aog  14 

9    K    OC 

« .  i  15 

^    O   3 

E"16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q.  Do  yuu  rowiriser  that  w  en  you  wo  e  axauincc  in  tlxat 
caB6  that  you  wore  asked  the  f  lioving  queBUons,  and  ^ve 
the  following  HVB-mru: 

*Now  ycu  hava  heard  the  teetimony  aa  to  a  conveBtation    with 
Mr.  ArmitA^;©  a  b  to  the  rffect  of  the  pumping  of  thht  well 
on  the  flow  of  the  water  from  the     weiia  knovm  ab  tiie  Btowul 
wells,  Whfct  hafe  you  tx)  say  afi  to  thiat  converiiation? 
•A.  I  thiink  he  ntatod  the  convessation  quit©  correctly.  We 
were  joking  ab  ut  tl'ie  matt  r  aiid  I  was  really  ridiculing 
tho  proposition  tlmt    any  water  puiuped  out  of  ono  of  the 
nunerous  wells  noith  of  Base  Line  would  affect  tlie  otr.t^rs 
be  lev,  especially  as  th<:«  aaiount  boing  puiapod  was  only  f  oia 
about  11  to  l4  inches.  At  the  Bairie  time,  I  }ia  d  no  objection 
to  his  juLiping  on  the  San  Antonio  Water  Corajj&ny  if  >ie 
felt  like  it, 

•Q.  Did     ou  tell  Mr.  Armittige  in  that  conversation  t  at  you 
had  notir^d  the  effects  of  pumping  the  Sixtoonth  Street 
wells  on  tho  Stowoil  wellts  wittiin  10  or  i:^  hears? 
*A.  I  don't  tidnk  I  ioade     any  such  stat  ecriCffitc/Uiat  becau..o 
t^iore  were  no  facts   i.o  justify  it.  There  Yien,  no  possibility 
to  aoasuro  tho  anount  of  water  at  tJ-.at  time  or  any  previoua 
iioB  onaaqfi  iuacx  iiygytatnt  la.  a  long  ticie  provious  as  to 
how  taich  was  coming  from  tlioso  woiis  as  trey  wfjre  diachiarg- 
ed  in  the  Umnol,"      Did  you  ao  testify? 

A,  Yes,  air. 

Q,  Wern  you  at  that  time  hating  reference  to   the  saoB 
Stowell  wells  and  the  wells  north  of  the  Basa  Line  of  which 
you  haTe  benn  speaking  this  af  term-on? 

A«  The  well  thnt  I  spoke  of  north  of  Baso  Line  is  on*  of 


4the 


•I 

Z   >-  H 

Z  X  ec 

a  °  s 

5  a.  o 

<  S  o 

u  5 

«    -•  IE 

B  <  J, 

J    U  3 

-  « 


3 

4 

5 
b 
7 

8 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 


2r. 


26 
27 
28 
29 


\   i    it 

the  eertoB     tli'it  miS  thero  when  tiiat  teatimony  wte  (^iven. 

](•  And  at  t-  et  tine  w^en  your  tasticjo^'y  waa  given  t-oru 
had  b0«n  nothing  to  indicate  t  at  the  puoping  of  tlie  Six- 
teenth Stront  well  would  hns  •  any  effect  on  thoStcwell 
wellB? 

A,  No,  air. 

Q.  Was  t  ore  any  obBenred  influence  at  all  between  t  at 
aeries  of  wella  and  the  Stowell  welle  o^her  ti  .-.ix  .  :i..t  you 
have  t/eatified  to  thia  af •ernoon? 

A.  No,  air.  As  I  aaid  i)  en,  it  waa  it^oBBible  for  such  a 
■nail  amount  of  wator  aa  th&t—  it  would  be  irn}>o8Mible 
to  detect  it  in  aovt  ral  hundred  incl  ea  down  b«iow. 

Q.    And  as  a  liiatter  of  fact  at  Uiat  ticie  there  weren't 
any  facta  open  to     ou  to  justify  tVio  au^ijoaition  thot  the 
pumping  of  tlie  Sixteenth  Street  wells  would  hare  an  effect 
on  the  Stowell  wells?? 

A.  I  WEB  asked  aa  to  the  facts;  not  my  opinion.  I  h.<i  no 
facts*  Uy  opinion  waa  not  aakod  xt  xkK.  tx  of  me. 

Q.  But     ou  were  ridiculing  tho   idea  that  any  such  effoct 
would  come? 

Q.  Ann  I   r.till   aay  that  the  pumping  of  11  inches,  you 
cou  dn't  account  for  it  below,     becj.uoo  tho  daily  fluctua- 
tions on  t  nt  water  diacharw;ed  is  moro  thi^n  t^at  anouni . 

Q.  I  will   call   >'cur  attention  to  another  question  and  ans- 
wer til'  t  tollofta  inciediately  thtat  vi^ich  I  hate  read: 
"Q,  Had     ou  ascertained  in  'my  m&nner  whether  the  puuping 
of  that  well  did  affect  ibc  Stowell  wall?  A.  No,   air."  Tba± 

\.  Tl'iat  is  true. 

Q  •  I  belie vo  I  asked  you  if  ;  ou  h^d  any  meaoranda  f  roa  wh  i«h 


3 
b 
7 

y 

10 

11 
12 

X  13 

•t 
s  •-  H 
-  *  *  1  I 

--^ 

S.i  15 
n  4 


O  3 


16 
17 
16 

ly 

20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


you  cuuld  (loi^noine  wl:iflii  t'  at  Stann  It  Fmnkiah  well  th^t  you 
raf erred  to  was   sunk? 

A.  No. 

Q.  It  wuu  in  *96  that  jou  had  th*M  oonverBationa  wiUi  th« 
loon  that  were  wo « king  in  *Jrie  shaft? 

A.  Yeo;  I  *hirk  it  -Jtni.  *96. 

Q.  T^iat  i&  the  year  in  i^cl   you  were  b inking  ;   ^^Stowoll 
well? 

A.   Yen,   t'ii', 

Q.  Va&  tlie  Stovell  woll  coo^letoa  that  Mcie  yoar  and  fin- 
ished as  far  as  the  woll  boring  wau  concerned? 

A.   Yen, 

0,  Do  yuu  remonlMr  who  wove  t}i»  rjen  thdt  wtro  working  in 
thi.t    8  aft  at  that  tiias? 

A.   I  cciddn't  toll   ' '  ei     riariiee.  I  fion*t  know  tfiat  I  uv.n 
i'iavu  a  nemoranduffl  of  iiiem.  I   think  I  ccuid  find  out,  if 
you  wish  to  know  yery  b  d, 

Q.   I  wcTuldlike  to  know. 

A.  I  pryBuutJ  the  San  Antonio  Water  Com|)any  can  ^ite  >ou 
the  nana 8. 

0.   If    ,  ou  could  give  us  Uio  dJiact  date  t  ay  doubtless  could. 

A.   I  think  I  could  find   ♦he  date.  It  v.a  'J\e  first  BH^cing 
done  by    lie  S&n  Antonio  %tur  Cooqiany  on  t>i0  8s  shafts. 

Q.  Tho  entire  depth  of  the  slaft  you  tJiink  was  abiut  forty 
fefat? 

A.   It  wae  fat  t^nt  time  about  forty  foot. 

Q.    And  how  uich  wii;   it  lowered? 

A,  I  think  V.-^ty  lowored  it  about  twenty  foot. 

Q.   So  it  was  ab^t  60  feut  in  depth? 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

.-  13 


2  K  K 

«.g  15 
i  16 


17 
18 
19 
20 
21 
22 
2i 
24 
25 
26 
27 
28 
29 


1   •     -^ 

A.  Yea,  air;  I  tMnk  ao, 

Q.  In  1902  wlien  you  were  aaking  Uieso  obBorvationc  on 
tho  vrsir*  at  the  Diviaion  Box  and   t'  e  30  Inch  pipe  azki     other 
placoB,  n^t  objoct  '.ad  yi'u  in  view? 

K  It  was  a  loa'^.  or  of  habit  «it,h  ma  more  than  enything 
elee. 

Q.  Had  you  parted  with  your  intoreat  in  t  ;;t  soction  of 
the  country  at  that  tic»? 

A.  I  had. 

Q«  Whtn  you  were  superintenciing  or  obaenring  the  sinking 
of  well  no,  14  did   vou  itili  have  any  interest  in  t  Lt 
country? 

A.  I  had  very  lit  Vie  intemst. 

Q.  You  stiii  had  sofae? 

A,  Yeu,  sir. 

Q*  Are  you  still  inli^rested  in  the  CucaMi^pk  latt.r  Coo- 
pMiy? 

A»  No,  sir. 

Q.  When  did  \ou  cease  to  be  a  director  in  t  bt  company? 

A.  190Ii,   if  I  remember  ri  ht. 

Q  •  It  WoB  in  1902  that  you  wet-e  ranking  these  obaenrations? 

A  •  Yea  • 

Q.  Were  you  a  director  then? 

A.   I  think  sotne  of  the   tine,   yes.   I   think  I  reaign'^d  dur- 
ing the  ouriner. 

Q«  Were     ou  a  dir^^ctor  in  the  rucarionga  ?ruit  Li^nd  Com- 
pany at  that  time? 

A,  Yes,  sir, 

Q.   Was  thftt  well  begun  before  or  aftnr  the  Cucaiaonga  Fruit 


1 

Land  Conpany  had  conveyed  its  interest  to  the  Ontario  Com- 

2 

pany? 

3 

A.  It  waa  be^^un  and  finiahed,  if  I  ra— nbtr  ri(£j  t,  before 

4 

they  tranaferrod.  I   *hink  the  iranofer  m»  made  in  April, 

5 

although  it  was  a^ef)d  to  be  conveyed  eotne  lit  le  \iae  be- 

6 

fore  that. 

7 

Q,  Md  ^h9  well  was  finished  about  #ion—  woll  no,  14? 

8 

A.  I  think  I  igut  you  the  date  a  few  minutea  a^« 

9 

Q.  If  ymi  e^Mve  it  it  ia  not  neceaoary  to  repeat  it.  We  will 

10 

hove  the  evidon^e  to-Bior?t)w  morning.  Did  tl  e  Cucanon^  Fruit 

11 

Land  Ccmpany  aake  coniiection  between  the  tunnel  and  wall 

12 

no,  14  before  it  traaaferred  its  intereat? 

X     13 

al 

A.  Ro,  air. 

AMIN 

EPORT 
COURT 

1—' 
4- 

Q.  Had  it  bugun  ii  to  make  it? 

M  -.§    15 

B  <  jj. 

A,  No,    air. 

•^  i?  2 

;"16 

0 

Q,  How  near  waa  tJie   tuniiel  to  foil  No.  14  at  tiie  time  of 

17 

the  tranafer? 

18 

*,  About  40  fo  t,  if  I    '«iBMDber  riffit. 

19 

Q.  Up  to  t}iat  distanro  witJiin  40  f  a^^t  of  the  woll  t^ie  work 

20 

wafs  dono  by  the  Cucuraonga     Fruit  Land  Corapaiy,  was  it  not? 

21 

A,  Yes,   sir. 

22 

Q,  How  long  had  fh&t  company  be  )n  at  work  on  'h.  t  tua  el 

23 

at  that  time? 

24 

A.   Since   •9ft. 

25 

0,  That  Vita  in  1902? 

26 

A,  Yes,   sir. 

27 

Q,  The  Stovrell  well  had  bo-n  eiphonod  into  nddt  hkx  k  Tun- 

28 

nel  No,  2  befoe  the  tranafer  to  tJiapcwor  Conip&ny? 

29 

A.  Yea. 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 


i  ^^ 

20=  14 
*-^ 

z  «  £ 

M  ^  5  lo 

CQ  <  ui 

^51 


16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q«  Had  the  tuiL  ol  reached  woll  no.  4  or   t,he  Stowell  woll 
beff  e  V"ji   traim^-^^  ? 

A  •  Yob,  ."ir. 

:.   So  V.fit  tlie     atura  of  th&t  well  wert  floid^S  ^'^^^  ^^* 
tiiinel  on  the;  ^^rrade  of  the  tunnel? 

A  .  Practically;  ye», 

Q,  AbcAit  how  ranch  water  was  flowing? 

A.  I  don*t  r«Q8Bibor« 

Q.  In  thti  ueaaurooenta  Uiat  you  aade  in  190<:  I  have  obaenred 
that  you  made  measuronients  on  Uie  naat  day  BometimeB  in 
different  places ,  and  at  other  tii/iea  the  BMaaurenenta  ^ere 
not  on  the  suaa  day.  Do  you  know  why  t>i8t  ma? 

A.  SoBostimoa  I  nover  want  on  the  oaat  aide  at  all. 

Q.  On  January  5,  1902,  you  oeaBUrnd  t>.e  water  at  the   "Y* 
Tunnel • 

A.  That  is  ri.^^t. 

Q.  On  the  aame  date  yoa  aaaanrad  at  the  point  of  Division 
between  the  Old  Settle ra  and  aoraabody? 

A.  Yea,  eir. 

Q,  Iftio  were  ^he   jieraons  that    "ot  Ihe  ot^  er  part  of  t  at 
water? 

A.  Tlifc  Cucawng^  WatfOr  Coupary. 

Q.   Ind  the  division  dam  waa  ao  arran/Tod  — 

A.  It  was  autoiratic. 

Q.   —  that  wren  *he  Old  SetMora  ^^t  3.6.84  inchea  of 
wmter  then,   if  thore  waa  moro,   it  would  flow  over  into  another 
pipe  lino? 

A.  Yea,  sir. 

Q.  Thjit  Kia  Uie  Cucaiaon^  .^atar  Conpany'a? 


JL  t  ^  -^ 


1 

3 

-I 

5 
6 
7 

y 

10 

11 

12 
13 


-  a:  a    ,   , 
S  Og    14 

Zx  o: 
to  <  uj 
—  « 


16 
17 
IB 
19 
20 
21 
22 
23 
24 


A*  Yes,  Bir. 

Q,    hnr  conducted  '^'«     a^er  w  «re? 

A,  To  the  reservoir  in  Bection  o, 

Q.  And  there  to  w  at  places  was  it  diatributed? 

*.   To  all  theaottlora  »outh  of  ^^o   reBorvoir, 

Q.  In  ido  of  theCucamonga  Pane  o? 

A*   SoTJO  inside  nnd   Bocie  outside. 

Q.  On  Janijary  5  you  meaaured  aloo  at  the  wolr  3C>00  fe   t 
west  of  the  lady  Tunnel?, 

A.  TJiat  is  tJ-.e  first  weir-  I  measured  t' at  day, 

Q,  You  had  no  moliiro  for  V  nt  eace^)t  t^  ut  of  curiosity? 

A.  At  tli£it  time  I  was  preciaont  of  la  Waier  Conpany, 

Q,  The  Cucaraon^  Water  Ccnpany? 

A.  Yes,  eir;  and  I  vnas  in  charge  of  the  affairs  of  tha 
Fruit.  Lund  CorjpGny,  It  wub  ay  bitP.inf;  t  to  look  after  the 
mtor  at  tliat  time. 

Q,  That  was  the  reason  tat  you  nsre  doing  it? 

A.  Yes,  Bir;   thj  t  is  why  I  vwas  doing  it. 

Here  ^ho  Court  takes  a  recess  until  to-aonow,  Jamazy 
25,  1908,  at  ton  o'rlock  A,  M. 

oOo 


27 
28 
29 


Defendant. 


IN    T  H  E 


Superior^  Court 

OF   THE 

County  of  San  Bernardino 

State  of  California 


Cucamon^  Vineyard  Co., 


Plaintiff 


vs. 


Vol.  Xlli. 


San  Antonio  V/ater  Co., 


Defendant 


INDEX. 
Introduction  of  Deeds  11  ^i3 

Stowell,   N.  V/.  1148     1182     1188 


I.  BENJAMIN,  Official  Reporter 


CI 

7 

S 

') 

10 

11 

12 
13 


Z  >-  I- 

z  »:  £ 

a  -I  £  l3 

-  f  !!! 

_  O  3 


16 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


January  2:5,  1908.  Thirteenth  Day. 

Mr.  Waters:     Plaintiff  Old  Settlore  Wat.r  Company  offers 
in  evidence  the  following  deeds: 

Mrs.  L.  M.  Nichols  and  A.  L.  Miller  to  Ola  Settlers 
Water  Company.  Dated  Decem'oor  8,  1902,  recordud  January  7, 
1903,   in  Book  3i:4  of  Deeds,   pa-^  2A6, 

Conveys  water  r.  J^its  apyurtunant  to  certain  tracts  of 
lana  in  Cucamon^.  Exhibit  40. 

T.  L.  Hall  and  wife  to  Old  Settlers  Water  Com|>any. 

D(it6d,  DecoLiber  iiV,  1902. 
Recorded  in  Book  327  of  Daeds,  pai^e  11. 

Convoys  certain  wBttr  ri  jits  apj^urtenant  to  lands     in 
Cucanongn.  Sxhibit  ^U. 

Deod  frou  T.  L  Kilbourne  und  Alice  E.  Kilboume,  his 
Wife,   tu  Old  Settlers   ./ater  Company. 

Dated  January  b,  1903. 

Rue  ore  ed  Jauiuary  7,  lS>Ob,  Bock  327  of  Deeds,  pae^e  14. 

Conveys  certain  wate  r  -hts  ap^jurtenant  to  certain  lands 
at  Cucam..n,;a.  Exhibit  42. 

John  W.  Moore  and  Mary  J.  Moore,   to  Old   Settlers  Water 
Con^^any. 
Dated  December  2,  1902. 
Ro<ioraed  Jan.  7,  1903,  Book  327  of  Deeds,  pa^^e  18. 
Conveys  certain  water  ri  h'  s  appurtenant   to  corbaxn  ioiias 
at  Cucamonga.  Exyiibit  4j. 


il-. 


1 

Uary  M.  Keller,  formt.riy  Uary  W.  Ciumins,  to  Old  Settiuri 

2 

Water  Company. 

3 

Dated  NoTember  25,  1902. 

4 

Recorded  January  7,  IVOi,  Book  3ii7,   Deeds,  page  1^. 

5 

Conveys  certain  water  ri;-jitfl  U|^^rtenant  to  certain 

b 

lands  at  Cucawon/ja.                                         Kihibit  ^i^i. 

8 

Francis  G,  Smith  and  Annie,  fib  vrifo,  tc   Old  Settlers 

9 

Wat or  Company , 

10 

Dated  Decrxnber  1,   1902. 

11 

Recorded  Jan.   3,  1903,  Book  3^7  Deeds,     page  31. 

12 

Convoys  certain     at«r  ri  :  ts  aiJ.urtenantKJcc  certain 

.-    13 

riis 

B<jj, 

lands  in  Cucamon^.                                        Exhibit  4l>. 
John  W.  Moore  and  Mary  J.  Moore  to  the  Old  Settlers  Water  Co. 

t     16 

3 

Da^^d  Doc.  fatt  2nd,   1902. 

17 

Recorded  Jan.  7,  1903,  Book  327,   Deeds,  papce  23. 

18 

Conveys  certain  water  ri/j;htB  ajt^ur tenant  to  certain 

]9 

lanas  in  Cucamon^a.                                        Kxhibit  46. 

20 

21 

W,  H.  Denhaia  and  Grace  Deriiaia,  his  wife,  to  Old  Settlera 

22 

Water  Company. 

23 

Dated  Docemher  27,  1902. 

24 

Recor  ed  Jan.  7,    •03,   in  B&ok  327  of  Deede,  pae:e  31^.. 

25 

Convoys  certain  wate^-  rliita  appurtenant  to  certain 

26 

27 
28 

lands  in  Cucamonra.                                         Kihibit  47. 

29 

45 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


z  '  5 

«.i  15 


a  < 


-  91 


16 

17 
IS 
)9 
20 
21 
22 
23 
24 
25 
2f) 
27 
28 
29 


K&te  M.  Feron  and  TbomaB  Feron  to  Old  Settlers  Water  Coupany, 
Dated  June  3,  1904. 

Recorder!  Juno  20,  1904,   in  Book  349,  Deeds,  pa^  166. 
ConvovB  certain  water  righti  appurtenant  to  certain 
lann»  in  Cucamori;^.  Exhibit  46. 

E.  L    Df.venport  and  wife  to  Old  Set'.lere  Water  Cotopany* 
Datea  December  30,  1902. 

Recordod  Jan.  V,    *06,   in  Book  o2V  oi'  lX;edB,  page  12, 
Convoys  certain  water  rir,ht8  apijurtenant  to  cert  in 
lands  in  Cucamon^'^a.  Exhibit,  49. 

John  Mnddock  and  wife  to  Old  Settlar*  Water  Coi.ipany. 
Iktoa  Doconiter  3,  190i:, 

Recuraod  Jan.  7,    *03,   in  Book  327  of  Deods,  page  24. 
Conveys  certain  water  ri  htB  api^urtenunt  to  certain 
lan'io  in  Curamoru^.  Exhibit  :jO. 

E.  P.  Nor^!.w.jd  and  wife  to  Old  Scttiert  faU;r  Coj.ipa/iy. 
Dftttjd  Doceml)er  1,  I'^^O^. 

Recorded  Jan.  7,    'Ov),   in  Book  32V  of  Deeau,  page  17. 
Convoys  certain  v/ater  ri-^its  appurtenant  ^o  certain 
lands  in  Cucamcnga.  Sxlubit   'j1. 

Elizabeth  Smith  to  Old  Sottlere    Wat  r  Cufflpmy, 
Dfitod  December  30,  1902. 

Ro'  ordeci  Jan.  7,    *03,   in  Book  327  of  Deodo,  page  lb. 
Convoys  certain  water  ri/^its  j^ppurtonant  to  certain 
lanciB  in  CucacioaTa.  Exhibit  52. 


LI 


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2 

3 

4 

5 

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12 

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24 


25 


26 
27 
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Recorded  Jan.  7,   •03,   in  Book  527     f  Deeds,  pa;;:e  20. 
Conveys  cer'ain  water  ri  hts  |ip|wrt«nant  i-o  certain 
lanus  in  Cucam  n^j^.  Kzhibit  b3. 

Sarah  A.  Manchest^^r  to  Old  Sottlars   Vator  Corajitmy. 

Dated  Doctml-ar  9,  1902. 

Recorded  Jan.7,    •03,  Book  327  of  Deeds,  pa.^e  13. 

KxTiibit  M 

A.  Stinchfield  to  Old  SetM«rt  Wator  Cotipany. 
Deiod  DeceiT!  er  1,  190'  . 

Recordod  Jan.7, '03,   in  B'  ok  32V  of  Docd^,  page  6. 
Conveys  certain  water  ri     te  apiJurtenarit  to  certain 
lajid.H  in  Cucamonf^a.  Kihibit  5w  . 

Alice  P,  South /orth  to  Old  SottierB  7ati;r  Com|jany. 
Dated  Tieccnbor  3,  1902. 

Recorc.ou  Jan..',*0o,   in  book  Sc.7  of  Deeds,  page  Zj, 
Conveys  cer  ain  water  rif_^\t8  ap^rttneint  to  certain 
lanris  m  Cue  inonga.  Exhibit  56. 

Martha  J.  Kincaid  to  Old  Settlers     ater  Company, 
Dat^d  Dece^iib  r  2,  1V02. 

Re(  ordod  Jan.V,  '03,  in  Book  327  of  Deeds,  pa<;e  10. 
Conveys  certain  v;atar  ri'tita  apt^irtanant  to  certain 
lan'Jn  in  Cucamonga.  Exhibit  57. 


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7 

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Jormie  P.  ano      .  J.  Hincaid  to  Old  Settlers  Water  Cou^ay. 
Dated  Deceuber  25,  1902. 

Recorded  Jan.  7,  1905,   in  Book  32V  of  Doodo     ]ja^  22. 
Conveys  certain     ater  ri  jita  a^JiAir tenant  to  certain 
lands  in  Cucamon^^a.  Exhibit  58. 

W.  T;,  Aahloy  and  fintga  T.   4. May,  Oecar  Wiikine  and  Uary  L. 
Wilkine,  to  Old  Settlers  Water  Company. 

rated  March  24,  190r). 

Recorded  Feb     6,  1906,   in  Beck  370  of  Defidc,   page  4. 

Conveys  certoin  weter  ri  ^  ts  fepjurtena/ 1  to  certain 

lands  m  Cuca.ton^6.  E3:hibit  59. 

All  the  records  referred  to  here  beinr;  records  in  the 
Rocordor'a  offic^;  of  t;;e  County  of  San  perriardino,   State 
of  Califcmia. 

--0 — 

Plaintiffs  make  explication  to  the  Court  for  leave  to 
•mend  tl^;e  complaint.  Plaintiffs'  counsel  j.re   instructe.-d 
by  tho  Court  to  prepare  their  acondment  and  suboiit  the  sams 
before  two  o'clock, 

I'he  Court  taJces  a  recer.a  until  tvr  o'clock  P.  M« 


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17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


ATP  ERHOON  SSSSION: 

Plaintiffs*  ccunael  present  their  proposed  amendrpent , 

aiid  ask  leave  to  file  tha  same. 

Mr.  Ciiapmiin:  We  object  to  V'  e  filing  of  this  coaplamt— 
aoendinent  to  t}ie  complaint  in  this  cu  e  for  tuese  reaHons. 
This  ncming  when  counael  propoaed  to  amend  it  wae  pr-oposed 
to  })ring  in  ne-^  parties  osRential  for  &  final   enc   coaplete 
deterLiination  of  tlie  controveray.  This  winer chaent  does  nothing 
of  t;  e  kind  and  there  is  no  excuse  at  Uie  presont  tiaie  for 
tho  anenoiient  e:i:c6pt  ac  aji  auendxiont  Lo  the  c<*iplaint  against 
the  San  Antonic  Comijariy,  and  the  only  amendment  is  to  bring 
in  the  tunnel  and  veils  number  l4  and  number  4  w^t'iin  tlie 
scope  of  the  cwapleint  of  plaintiff  that  has  been  before 
thi'j  court  fcr  mors  than  thrae  yearu«  Ther*^  is  no  r'':.si.8on 
w)  atovor  ahorni  for  the  araendnent, 
(Biocuosion.) 

Tho  Court:  oyer  rules  tha  objection  m<\  poniuta  the  proposed 
amendnent  to  be  filed.     Defendant  oxcopts. 

N.  '^.  STOWX.LL. 
N.     .  STOV/llUi,  heretofore  swoxn  aid  oxauinod,  being 
recalled  for  Uia  roauroption  of  hia  croua  axtuninution, 
testified  aa  rollowa: 

Cross  Examination. 
Mr.  Chupm&n:  Q.     At  t!  e  timtb  you  were  Ljakin(5  tiie  measura- 
bionts  to  rtliicy;  you  testified  yestoniay,  in  the  la' "  er  paurt 
of  lyOl,  ariG  more  particularly  m  'he  year  1V02,  did  vou  giya 
us  all  t  e  uuasure. tents  that  you  oiode  of  tal   div  welis  and 


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5 

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7 

8 

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17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


waters  th&t  'mre  flov/in^;  in  t  at  district  of  the  Cucainon^ 

Springs? 

A.  No,  Bir« 

Q.   Did     ou  Bfcko  any  raeasurerjonta  of  Me  «Dunt  of  the   flow 
at  i.he  Ba/ie  t,ituo  from  the  Lone  Star  Tunnel  and   Uie  Lcne 

St4ir  wellB? 

A.   I  presucje  I  raade   aoae  during  those  tiucb. 

Q.  Have  you  ^,ot  ^hout    ith  j'-ou? 

Q.  Wiii  you  produce  thaw? 

A.  W;  ut  date   do  you  wieh? 

Q.  You     e  £in,  if  I  reweiiuber  ri^^-Jit,  with  ac«ae  tiioa  in 
Deccoher,  1901.  You  were  acquainted  with  the  Lona  Star 
tu-nnole,  wo.e  you  no.,  and   the  Lone  SLar  woiia? 

Q,  Yea,   mr;   1  conatl^lcted  a  guod  p^.rt  of  Lnem. 

Q.   And  w  en  did  you  construct  V  em? 

A.    I  think   *97  and    V  ^' . 

Q.  Diu  ;  ou  re:er  to  tunnels  or  the  welia  or  boui? 

A.  Both. 

Q.  Ko*  ajaiiy  of  tiiosa  tunnels   vere  tliere? 

A,  One  .Muin  tu/inel. 

Q.  Anu  30iao  adjunct  Lo  tiie  tu/uol? 

A.  Weil,   Lure  ?jiay  bo  ao.ue  aiioi-t  bmnch-ja. 

Q.  Waa  it  all  oonaUnicted  in  *v7  or  'l-ci? 

L  The  ori^nal  tunnel  waa  conatrucTiea  in  IbrsJ,  I  Uiink. 

Q.  T£^0  oritjinal  Lono     Ur  ruiinei? 

A.  Yua, 

Q.  V/lia^  >-ork  rfa3  dono  on  i-.  in  *9'(  or   *cj? 

A.   It   Hii^  cioanuu  Ouo,  ro-tiiiibereu  anr.  extande     up  '>o 
walla  tliat  woro  boixid  in  *97, 


A 


1 

Q. 

How  many  wells? 

-) 

A. 

Two  wolls. 

3 

0. 

And  they  are  known  as  the  Lone  S^ar  Wolia? 

4 

K. 

Yes,  sir. 

5 

Q. 

Were  puoping  plants  erected  on  those? 

6 

A. 

yos,  3ir. 

7 

Q. 

W}ien? 

8 

A. 

I  think  Ln  *'JH. 

9 

Q. 

And  did  i^'ey  begin  pumping? 

10 

A. 

Yos,  sir. 

11 

Q. 

W'  ot  was  dono  <vith  the  water  taken  from  the  Lone  Star 

12 

wells  and  tunnela? 

X     13 

A. 

^n^.atwas  convoy-d  in  tho  pipe  lines  to  tho  northeast 

as  ►- 1-" 

_   C   X     ^    , 

comar  of  Let  6,   section  3,   aid  connected  with  the  Cucamongft 

M  -.  £    l.-> 
ga  <  u| 

Wat 

r  Cofdijany's  pi^e  system  at  t     t  point. 

-■2  = 

i     16 

0. 

And  who  conducted  it  fz-ora  the  Lone  Star  tumiels  and 

3 

17 

wells  to  t   at  point? 

18 

A. 

The  Cucamonga  ?'ruit  Lana  Ccupany, 

19 

Q. 

Bid  that  coapsny  construct  those  tunnels  and  wells? 

20 

A. 

Yos,   nir. 

21 

Q. 

Doo3  it  own  t   aci  yot? 

22 

K, 

It  belon^.^s  ^.o   the  rucaraonga  Water  Company, 

23 

Q. 

Wion  did  Hey  acquire   it? 

24 

'•.. 

In  1902. 

25 

Q. 

W'  at  -Mas  done    ath  the  waters  fiom  Uiat  tunntlf  Wmrt 

26 

we- 

B   tliey  used? 

27 

A. 

On  sections  1,  Z  ana  5,  and  tha  section  soutii  of  that. 

28 

Q. 

You  still  iia?e  reference  to  towiship  1  south  and  7  west? 

29 

A. 

Yes,  sir. 

Z  ^  t- 

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2  °  S 

5  1  o 

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2 

3 

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9 

10 

11 

12 

13 

14 

15 

16 

17 

IS 

19 

20 

21 

23 
24 


25 


2h 
27 
28 
29 


Q.   And  neither  eection  1  or  2  wab  within  the  Cucamongm 
Ranclio —  Section  1  wasn't? 

A.  No,  sir. 

Q,   And  the  eaat  h&lf  of  aoction  2  waii  not? 

A»  No,  sir. 

Q.  Dfliat  «R8  the  ot>,er  section? 

A«  T^ie   aectione  i  :.eaiatuly  south  of  those  bectiona. 

Q.   And  all  of  thoae  which  lie  e  ist  of  the  center  of  Bec- 
tion  1,  11  and  24,  lie  outside  of  tiie  RanOio  line? 

A.  Yes,   .  ir;    I  baiieve  bo.  And  coveriiig  the  land  inside 
of  the  Cucfluaonga  Ranch©  up  to  *hG  Vineyard  Comi^any's  land. 

Q,  Now  these  puops  were  erectea  w  en? 

A.  169ft. 

Q.   And  did  they  conroence  pumping  then? 

A.  Yeo,   sir. 

Q.  ''ere  thoae  aters  used  continually  f -om  i>  at  time  up 
to  '98  in  the  irrigating  season,  do„n  to  au  far  as  you  knew 
anything  about  it? 

\,   Yea,  air. 

Q.  What  wore  the  cieaaurements  of    he  aaounts  of  v  attr  tak- 
en from  this  Lone  Star  Tunnel  and  7/oll8? 

A.   I  have  no  cieasur  omenta  of  those  da  be  a.  Fram  40  to  60 
inches  v/au  the  aiODunt  received  from  thorn  when  we  firat  put 
ticm  in—  tho  pumping  plants  on  the  wells. 

Q.  Have  you    pt  the  exact  anount? 

A.   1  think  1  could     et  it  off  of  a  c  lart  in  uhe  ot  ler  case. 

Q.  Do  you  reiOBmber  now  about  when  the  tunnels  were  first 
put  in?in  'ey? 

A.  No;   '97  and   'b. 


1 

3 

4 

5 

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7 

8 

9 

10 

11 

12 

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17 
18 
19 
20 
21 

23 

24 
25 
26 
27 
28 
29 


^ — i.i„,J*Z 

Q.  Can  you  friive  ub  the  greatest  amount  that  Wire  obtainad 
from  t  <;t  tunnel  and  '4bHb? 

A.   I  tl-iink  as  hi^   an  60  incheb  haa  betm  obtained  at  one 
tine,   I  tnink  t  at  is  ab(>ut  tho  mAYimiim  araount. 

Q.   And  ^/i  j  avera^  during  those  years  waa  about  w^at? 

A,   I  should  jiAdge  betw^j^n  40  and  50  inches,  as  long  as  I 
knew  anything  about  them, 

Q.  Ihen  was  tho  last  year? 

A«  1902.  Wlien  it.  was  convtyod  to   the  Cucamonga  Water  Company. 

Q.   ^hen  you  were  raedting  nieasurwajnts  for  the  Cucamon^ia  Wat 
er  Company  tat  you  gave  ub  uhu  other  day,  die  you  mke 
measure/iientB  of  t?ie  flow  from  the  Lone  S'ar  tunnels  and  wells? 

A.  Yetj,  sir. 

Q.  fill  you  give  us  those  ueysureraents? 

A.   I  don't  fina  any  in  IVOl  or  •2. 

Q.  Whan  you  were  making  those  meaaureaientB  at  the  50  inch 
pijie  and  the  weirs   Lo  the  west  of  the   tunnel,  ^00  feot 
west,  you  were  not  ijaking  nny  laoaauremtmts  of  'he     aters 
which  cano  from  the  Lone  Star  wells? 

A.  Te«,  sir;   I  did  nake  sofiie .  I  find  one  here  May  29, 
1^02,  from  Uie  Lone  Star  woll,  at  9:4.")  in  the  morning. 
The  depth  on  the  wrir  was  .292  and  th^  wxdth  of  u-  e  weir 
was  jO  in ones. 

Q.  Whoro  ./as  that  weir  set? 

A.  Wy  recollection  is  thfct  it  was  very  near     he  mouth  of 
tho  tunnel,  which  is  at  the  northwest  comer  of  the  51)-acre 
tract,  near  the  Bale  Line. 
Q.  Is  t  at  noiur  Uit  mouth  of  tho  tunnel? 

A.  Yes,   sir;  probably  a  few  hundred  fe«t  from  the  mouvh. 


JJJ3 


1 
2 
3 
4 

5 
6 
7 
8 
9 

10 
11 
12 

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21 
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24 

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26 
27 
28 
29 


There  was  a  noasuring  box. 
Q»  How  laai^  w^ila  were  there  on  Mnt  Lone  SUr  t/ract? 


A,  Tvo. 

Q,  fto  raoro? 

^.  ^!ot  that  I  raneal>er  of. 

0.   Did  this  weir  t  at  you  upeak  of  sraamxre  bli  t^^e  .>rfctur 
th&t  vae  proceeding  b^th  froa  the  tunr^eis  br?d  the  well  a? 

A»  Yen,  (sir;  t  ere  'an  no  ot  ar  pips  line  or  other  naana 
to  convoy  tiie     a-or  a'^ay  except  ti^irough  ♦*!  &t  diTieion  or 
meaburiu^^  box  near  the  northwest  cornor  of  Ui.e  5L>»acre  tract. 
It  ie  marked  on  thia  exhibit  "Weir  ^:n,    s," 

Q,  On    •?  at  exhibit?  Plaintiffs'  ilxfiiLit  1? 

.'.  It  18  marked  on  Exhibit  1, 

Q.  Did  thia  Lone  S^^ar  tract  haTO  fcny  other  dteignation? 

A*  Yea;  lot  11  and  12,-1  dcn't  know  i*.at  1      bluck  ia,«of 
tho  Cucomonga  Homes toud  Aacociat^ion. 

Q.  Do  you  knosy  the  niribor  of  ecreo? 

A.  40  fiCroB, 

Q»  'Vaan't  il  oor.^etic^e  kno«n  as  tiic  *j.--acre  t.rtict? 

\  >Io,   Exr. 

(>.  You  were  a  witness  in  tho  McPhorson  c^ac? 

A.  Yob,  sir. 

.',  I  want  to  read  from  your  eiidence  a  moaient,  and  a  k  you 
if  you  rj  xiuber  f^Ting  this  testinony: 

Mr.  Haskell:  I  htvon't  objected  to  thiE  line  of  t«Htiinony, 
but  tho  testimony  now  brou  ,hi  out  by  tiie  dt)f  v^nt  ant  froo  thia 
witneaa  is  in  tho  lino  of  ori  -,inal  testimony,  not  /;ono  into 
in  the  exataination  in  chief*  No    w'nen  a  ^oation  is  ans.ero 
in  a  way  that  does  not  aatisfy  their  interusta,  ti^ey  seok 


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to  croBiiex  iiaino  their  own  original   testimony. 

The  Court:  Aesining  t  at  ho  is  t'  eir  onm  witnesa,  they  hacr 
ari'^t  to  ir;ipeach  him  by  ah  v^ing  t  bt  he  has  oadf  other 
statement B  at  other  tiaes. 

Mr.  ChaptJian:   I  ari  not  trying  to  impeach  him  so  a&ich  as 
to  rei' reah  hiB  nitaiory.  I  am  reading  f :  Lia  page  tki5. 
■Q.  You  have  bo   n  I'amiiiar  with  iocalitioa     where  places 
were     sleeted  to  put  down  wella,  and  with  ti  e  wrater  busineas 
geno rally? 

A.  YuB,  air. 
■Q.  And  you  selected  it  becauoo  you  thou--ht  there  was     ater 
there? 

"A.   If  I  hcidn't  thou  ht  I  would  ijot  mter  I  wouldn't  he.Te 
put  it  there, 

■Q.  T'  at  is,  you  put  it  dovm  because    'ou  thoujit  you  would 
f3st    ;ater  tiiert? 
■A.  Yoa,  sir, 
■Q.  Why  did  you  think  so? 

"A.  T'  ey  tried  e  orywhere  else  and  liadn't  found  it,  and  I 
thoa;;ht  I   ./ould  try  a  nev  place.  Tliiit  is  the  only  reason. under 
heaven.  If  I  vfeti  going  to  to-day  1  wouldn't  do  it  t  ere,  I 
would  box-e  on  the  Red  Hill.  It  is  better  ground. 
■Q.  They  iiave  n't  put  any   tiiere? 

"A.  Yes,   Bir;   I  have  one  on  the  Lone  Star,  'Jid   it  is  the 
best  one  we  have . 
■Q.  Tliat  13  not  on  the  Rod  ^Tiii  shown  on  ihis  njsp? 

*,  Yes,  sir. 
■0.  Tl:e  Lono  Star? 
■A.  Yes,   sir;  the  elevat-ion  is  l4b7  feet,--  the  highest  #»11 


1 
2 

3 

4 
5 
6 
7 
8 
9 

10 
11 
12 

r         13 


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the©. 
Tlie  Court:  t^.  jo  t     t  Uie  Rtid  Hill? 

"A    Y0B,  sir.  It  rune  ri   ht  back  heB,  These  contour  liiios 
run  around  like  1^:at,  T  at  ia  \ha  high  point  there  it  any- 
were  from  Lytle  Creek  on  that  line  till  you  get  clear 
over  here. 

,  But  thor^  is  a  ridge  running  up  to  the  raounttj  ins? 
■^.  Yea;  about  here.  And  below  the  Lone  Star  there  was  ui 
old  spring  years  ago.  The  Lone  Star  spring  is  locatod  below 
where  the  Lone  Star  wells  are? 

A.  Yao;  air;   southeast  from  there, 

■Q.  And  i  oro  ia  a  sort  of  a  a^^ale  or  basin  running  up 
throu^  there  towards  the  mountains,  and  in  the  other  direc- 
tion filSO? 

■A:  TJu  .•     IB,  pediaps  five  or  six  hundred  feet  to  the 
east  of  it  and  perhaps  five  or  six  hundroa  fe&t  to   liio  weit 
of  it.  But  that  particular  v/eli  is  on  the  higliest  point  of 
the  land. 

■Q.  How  deep  was  the  well? 

"A.   It  is  aho.vn  on  tJ;at  blueprint.   It  is  well  no.   6. 
"Q.  459  foot  IB  correct,   is  it,  Jr.   Sto^/oll 
"A.  1  think  t-mt  is  t.ho  dupth, 

n.  There  is  an  old  water  coairae  running  up  U  ere  down  be- 
low the  Lone  Star? 

■A.  I  should  judge  it  was  the  Divide 
■Q,  Where  tht.t  well  is? 

■A.  Yea,  sir;  at  the  hi^est  point.  The  water  will  run 
from  there  oit  ler  way,   a  it  or  west. 

Q.  There  is  a  water  cowrue  below  the  Lone  Star,  ian*t  thure? 


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■A.  There  is  a  littla  draw  up  there  and  there  uood  to  be  a 

8i  ring  perhaps  ir>00  feat  from  ti.urc,  ana  'he  extension  of 
it  north  would  be  aevf^  or  ei  fit  hundrod  feet  from  the    well, 
Thon  thf^rt   is  another  dra.  ove.'    on  the  other  side  that  rxuia 
up  to  w  at  is  called  the  Haakell  placi  on  this  :.iaiJ. 

Q.   At  each  of  those  placoa  .vellB  are  found? 
"A.  Yea,  air.   Anr^iere  in  tlire  ;  lailsy  fron  there,  either  way. 
■Q.  You  only  know  r,luit  when,   you  put  th«n  ciovm?  You  hjiven't 
put  t  am  dov/n  anyv/^  or?i? 

A.  foil,  ther'i  is  a  wellaray  out  here  on  tho  edge  of  the 
map;  pdc  obacs  £nm  k  ikxit  I  ^uut  down  tro  sliarts  on  Lot 
Ic  myself,  Tr  ore  is  ■<mtor  flowing  in  Uiie  welljia  th  re  la 
water  flowing  in  t  at  well  in  de  endant'c  exhibit  no.  4 
on  Uie  east  edge  of  the  map  about  the  Hernioaa  Colonyi  there 
is  a  well  vith  water  in  it.  And  on  lot  12  end  just  east 
of  ___  Avenue  above  the  Base  Line  t'  ere  are  two  ahal'ta 
with  '«/ator  at  an  elevation  of  1524  fe-t  and  1325  feet  re- 
apt  tively.  Til  re  io  water  on  tho  55-acro     tract  at  the 
nortiieast  comer  of  HoMcian  Avenue  and  Bate  Lino.  Diere 
is  five  wells  on  tat  tract,  til  of  wVich  prudace  ..-ator, 
70  or  7t)  inches  boing  puiped  from  them  to-day,   and  tr  ere  ia 
a  turmel  on  ■Uiat   same  tract  t*^at   flowc  If)  inchee  of  water. 
T^ien  t;  e  Lone  Star  Springs  on  Lot  6,  tLor«   is  some  water 
comi^ig  out  of  the  ground      -ere  yet.  Th're   is  a  well  on 
Lot  12  adjo  ning,  with  water  at  1388  fe^t." 
•hat  wells  were  you  speaking  of  on  the  55-acr6  tract? 

Mr.  fla  akttil.  We  object  to  the  qunstion  on  the  j;rouiii  t)iat 
the  witn  us  is  entitled  to  hare  the  nap  ehovwi  his  to  which 
that  testimony  refors,  before  aris  .ering  it. 


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Tlie  Court;  Yeo.  Do  you  underBtand    l&  question? 

h  I  underatand  the  testimony  perfectly  well, 

Q.  What  is  v.. a  55-acre  tract  there  awationdd? 

A.  A  tract  of  land  south  of  the  Ba:ie  Lme, 

Q.  And  it  is  not  t^e  Lone  Star  tract? 

A.  No,  sir. 

Q.    And  T.ot  12  is  a  part  of  the  Lone  Stur  tract? 

A.  One  lot  12  is.  The  other  lot  12  ref-r  ed   to  in  that 
testimony  is  in  anotSior  bl  ock. 

'',  You  were  not  there  testifying  as  to  itelia  in  the  Lout 
St'ir  tract? 

A.   No,   air. 

''■■ ,   TFio  tunnel  t'  at  you  refe  red  to,  is  t  at  a  different 
tunnel? 

A.  I  me  referring  in  '.'at  testimony  to  the  Lone  S'ar  tun- 
nel, 

Q,  W  at  was  the  Lone  S  ar  Spring? 

A.  On  Lot  6,  rid  t  adjoining  Lot  12. 

Q.  How  far  re  the  five  wells  t  hat  you  speak  of  on  the 
.^:i-acre  tract  from  the  Lone  Star? 

*.  The  nearest  one  is  probably  300  fe^t  from  the  Lone 
St^r  Sprin/^8. 

'.  .  And  the  furthest  hov/  far? 

A.  Diagonally  across  a  3.'^-acro  lot, 

0,  Did  you  make  any  measuremcmt  of  those  wells  in  1902? 

A.  Yes,  air. 

'" .  How  much  did  you  find  trere? 

A.   I  can't  tell  you  tne  indiTidual  wells;   I  can  tell  you 
the  a<7;^re  jate. 


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Q.  Weil,  l.he  a^re^-^te--  of  the  five,  do  you  moan? 

A,  Do  you  want  t.hem  on  tho  eame  date? 

Q.  Ab  nearly  wlb  you  hav*  any  of  those  dates.  Qivo  us    hat 
too* 

A.  I  liave  got  this  twice  a  .vsek  all  thro\j^^  trie  year, 
probably, 
Q.  1902? 

A.  Yes,   sir;   Uie  early  part  of  it;  but  it  would  take  a 
wook  to  read  tiiom  throu^.^. 

Q.  I  don't  v^ant  to  take  a  week,  but  give  us  Bome  of  the 
dates,  close  to  the  co  responding  dates. 

Q.   Do  you  v/ant  all  tJie  meaaurernentB  at  all  Ih©  places? 
It  will  tiave  time  if  you  take  tliom  all. 

Q.  GrO  ri/.'7:it  ahead  t  an. 

A.  On  Decomb  er  2,  1^01,  at  10:20  A.  M.,  I  measured  the 
Ontario  water.  »'67b  by  40  inches. 

Mr.  Britt:  Q.  lere  was  t'lat? 

A.   3000  feot  west  from  the  mouth  of  the  tunnel  no.  2. 

Mr.  O^pnmn:  That  is  not  the  five  wells  referred  to  VieB? 

A.   I  aci  '^living    cu  all  the  toaBurementB  on  t  at  day, 

Q.  You  have  /^iven  thoBe, 

A.   I  don't  think  I  havo  given  you  th&t  date* 

Q.  Then  ^;ive  us  tl:at. 

A.  10:2f>,  Cucainon^,   .lob  by  30  inclieB.  That  is  at  the 
moiith  of  Tunnel  No.  2. 

Q.  T}iat  is,  Cucaaon(^  Water  OooqjBBy? 

A.   Haskell  woll,  apprx)xiziifitely  2^56  inches. 
11:25,  t>ie  South  Ride,  as  I  call  it,  wliat  :< ou  call  the  35 
aero  tract,    .301  by  30  incliea. 


Q,  Doen  that  laeasuro  all  five  of  those  wolla? 

A.  Yoo ,  air;  everything  iimt  coraog  from  the  3fi  acre  lot, 

and  an/thing  t  %t  mif'^.t  coae  from  i  at  otlier  lot  IZ, 

Q»   %8  t'  at  OMUBured  over  a  veir? 

A,  Yob,     ir. 

Q.  Vtiat  lias  its  width? 

A.   50  incheu  wide.  Tliatwtir  is  tit  the  eame  place  tliat  the 
Old  Settlsro  box  weir  is,  at  tht   c«nter  of  necuion  b,  on 
Heilnan  Avenue. 

.  Ii3  that  where  the     ater  is  divided? 

A.  Yob,  air. 

Mr.  Britt:  This  io  incorapetont  fividonce.  It  la  not  cross- 
examination. 

lie*  Chap  £ui:  I  am  putting  it  to  hira  as  crossexuiaination. 

Sfr.  Britt:  Wo  object  to  it  a'-  not  proper  cross  examination. 

Tlie  Coulrt:  The  objection  is  overruiod.  I  can't  t  11    hat 
its  a  tect  will  be  at  this  t,ime.  It  is  till  in  the  tame  gen- 
eral controversy. 

Mr.  Britt:  We  haven't  any  disposition  to  be  very  captious 
or  tttchnical,  but  it  looks  as  if  it  ss  inouponuont  testi- 
mony of  the  defendant. 

TliB  Court:   I  think  you  are  bound  to  got  it  in  before  you  g  t 
tlie  caso  submit  tod,   any  way. 

A,  I  have  a  measurement  of  December  14,  South  Side  weir, 
11:35  AM  .  Depiii  ,olo;  width  50  inches.  Ola  Settlors  box, 
2-o/b  inches,  pres.'iure  over  the  center  of  tiie  aperture. 

Mr.  Haskell:   Q,   »,at  dona    ho   South  Sido  refer  to? 

A.  The  5f)  acre  loi, . 

Janualjy  j,  1902,  11:20  A.  M.  South  side     .279  by  50. 


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Q,  Were  thoee  five  woiio  t  at  you  spoke  of  p\jmped  ri  iit 

gtrai^t  along  every  auci.ier,  during  the  irri^^ating  eeaaon? 

A.   I  couldn't  say  aa  1>o  t  at« 

Q.  Did  you  evor  measure  i  em  before  t  at  ticw? 

A.  Yea,  8ir# 

Q,  How  long  before? 

A.  From  the  time  iht  first  wall  was  bored. 

Q,  How  much  v/ati^r  m.B  yielded  by  those  welle     ]  en  they 
were  first  borad? 

A.  I  tjiink  some  of  thewells  flowed  as  hi{^.  as  bO  incjies. 

Q.  Do  you  remember  w  at  all  together  furnished? 

A.  I  could  not.  I  ahould  judge  the  yield  was  about  60  inches. 

Q.  Of  the  vfhole  five  of  them? 

L  Yes,   sir;   some  of  t^iem  were  pumped  at  times,  but  gener- 
ally it  was  j'^ravity  flow. 

'J-i\  Britt:  0.  Do  these  meaauronenta     t'^at  you  are    ;iving 
about     those  wolls  include  meaiureiaent.s     of  puftjed  v?ater 
as  well  aa  natural  flow? 

K,  yty  impression  is  that  they  were  being  pumi;eo  at  t  at 
time. 

Xlr.  Cliaprian:  0.    All  of  *.'.em? 

A,   I  ttiink  t  ere  ./aa  just  one  w^ll  pumped. 

W.  How  were  the  other  four  being  used? 

A.  Well,  the  Ki^elle  in  Uiat  tract  were  sympat'  etic.     If 
you  pumped  one  the  others  went  down. 

Q.  And  if  you  pumped  one  you  would  practically  pump  all 
of     1  om? 

A.  Yos,   3ir. 

Q.  Ttiey  wore  not  artesian  v/eils  tlen  y^m.  they  were  ori- 


i  ii-^ 

1 

ginally  borad?  Wren  was  t*jit? 

A. 

I  ttiink  in  •98 

3 

Q. 

Ho<«  vouCIl  .^ater  uid  U  oy  pun;)? 

4 

A. 

I  t  ink  about  t)0  to  (0  i^  chee. 

5 

Q. 

Do  you  renenber  in  18'-9  in  Karch  of  negotiating  a  sale  for 

b 

■t  the  C'lCaiQonga  Fruit  Land  Coupany  to   the  San  Antonio 

7 

Water  Coorpanyl,   the  defcindant  here,  of  iJio  developed  water 

!5 

on  the  tract  junt  woet  of  the  90-acro  tract? 

V 

A. 

YeB,   air. 

10 

Q. 

Were  tiere  well  a  t  ore  tlien? 

11 

A. 

Yea,  air. 

12 

Q. 

How  riaiiy? 

.-     13 

■J 

A. 

One. 

Q. 

Only? 

g!ii5 

(0  <  ui 

A. 

Tluiro  waB  one  wuii  t  at  I  ma  negotiating  about. 

r  16 

Q. 

Anu  w  ich  well  was  t  at? 

17 

A, 

Number  4. 

IH 

Q. 

Tat  ia  the   Stowell  well? 

1') 

A. 

Yea,  air. 

20 

Q. 

Had  you  sunk  another  well  cloae  to   ti,  .t  and  prior  to 

21 

the 

80  no  :otiation8? 

22 

A. 

I  think  in  '97  or  '8  there  were  two   well a  sunk  9oxy 

2.^ 

near  there   • 

24 

Q. 

How  far  apart  were  tiiOy? 

25 

A. 

I  ti'ink  about  100  feet. 

20 

I  think  the  two  vielle  were  about  20  foot  a.>art«  I  Ui  nk  they 

27 

were  numbers  7  and  8,   if  I   lum.  mboi-  ri,.^.t.  I  couldn't  tell 

28 

wilhout  iookiri^  at  the  old  dia  ;ram. 

29 

Q  In  the  coirse  of  those  negotiations  do  you  nsioumber  moet- 

it  > 


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ing    MiH.  Finkle,  the  engineer  there  on  behnif  of  the  San  Antonio 

l^tor  Company,  and  X(r.  Shepherd  the  aecretary  of  that  com- 
pany, out  on  the     round,  and  discuaeing  t'ne  Blatter  with 
t^em? 

A.  I  preaume  I  met  them  there, 

Q.  Do  you  remembor  on  the  l')th  of  March,  1819,  that  they 
were  tl^ire  and  aakod  you  wetlior  thotse  *elia  were  likely  to 
afi'act  or  bo  affecteci  by  otlior  woila  in  Uiat  Ticinity,  and 
yoiir  telling  t;  eta  t  et   tr;ere  waen^t  any  danger  of  any  in- 
fliionc'.  exerted  by  ono  ovor  the  otiier  at  all? 

Ur.  Britt:  Objc'Cted  tc  as  not  proper  croBsexeraination. 

Tie  Court:   Sustained. 

Mr.  Chapiiian:  He  testi  ied  yesterday  aa  a  aatt.er  of  fact 
tliat  the  Stowyll   well  vhen  it  wac  cut  down  10  feet  below 
th'3  leyel,  he  took  the  vrater  out  of  the  ahalt  of  &  well  sunk 
by  Sta;:ii-i  &  Frankiah  above  Bauo  Line,  and  I     ant  t^  prove  by 
this  v/itn '88     or  otriera,   if  he  dispute e  it,  that  when  Finkle 
on  behalf  of  the  San  Antonio  Water  Coupany  and  Shepherd  the 
secretary  of  ti  et  company  were  negotiating  for  the  purchase 
of  the  ri f^t  to  develop  water  on  this  tract,  th.at  this  wit- 
ness told  them  that  tiiero  wan  no  dang»r  of    an  influenct  of 
one  well  in  t'  at  section  on  another,  where  there   *.,s  t 
distanco  of  100  feet,  and   t  at  V  ey  asked  him  ]jarticularly 
about  the  walls  above  Base  Line,  whether  one  of  ti;ea  ex  - 
ertod  any  influence  on  the  other,   :jad  he  told  them  they 

26  did  not.  r  at  wau  in  18V9.     when  ha  eays  he  cut  down  the 

27  wells  and  eoptied  the  v/ater. 

yi,      The  Court:   In  so  far  as  you  aak  for  his  obaervaLion  aa  to 
29    the  facta,  it  is  all  ri  ht. 


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Mr#  ChapmsLn:  I  au  not     sking  him  for  his  opinion,  but  as 
th  the  fact. 

Ihe  Court:  Anking  a  man  if  a  thing  ie  likely  to  hapijon  ie 
the  same  mb  asking  his  opinion  if  it  will  happen.  Sustained. 
Defc^rKiant  excepts, 

Q.  I  will  aak  you  if  on    the  15th  of  March,  1899,  Mr, 
?inkl8  and  I'r.  Shepherd  did  not  enk   -.ou  w!  ether  the  Stowell 
well  no,  4  had  affected  or  had  be>-n  aJ  footed  by  any  of  the 
wells  north,  including  the  Stajirn  and  ^ran^ish  well  which  you 
apoke  of  yos^eraay,  and  did  you  not  tell  them  that  it  was 
not  affectod? 

A.   I  don't  rociamber  any  conversation  of  that  nature.  But 
I  did  point  out  to  ■iem  that  wella  a^:.anding  20  fe<  t  apart, - 
tliat  on©  sunk  in  tho  tmnel  did  not  affect  a  well  20  feet 
disUmt  wiiere  tiio     ater  stood  80  fe.;t  above  the  tne  t'-^at 
was  cut  off  bolow, 

Q.  I  don't  think  I  exactly  unaorstund  t.ut  a?.,    ar.  f .  ore 
wore  th  se  wells  that  you  spoak  of? 

A.  One  WHS  in  tunnel  no.  2  and  the  ot  er  was  20  fe-.t  distant 
from  it.  If  thsy  were  sympathetic  and  one  acted  on  the  other 
thH  one  that  was  cut  off  in  tiie  tunnel  woulc  drain  the  *oll:. 
adjoining. 

Q.  But  ii  didn't? 

A.   It  didn't. 

Q.  The    .ater  stood  hour  hii'h   above  it? 

A.   80  feot. 

Q.  You  did  tell  them  t  at? 

A.  I  showed  it  to  them  on  the  ground. 

Q.    And  showsd  *hem  that  t  bt  was  the  fact? 


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A.  That  in  that  ground  thoy  didn't  affect  one  another. 

Q,  Did  they  not  at  t»at  same  time  aak  you  in  ro/jard  to 
walit  had  be^^n  observed  with  referenco  to  the  weiis  north  of 
there  and  including  the  Frankish  k  St^ama  well  idiich  you 
spoke  of  yesterday,   and  did  you  not  tell  Uiem  t^  at  neither 
was  affected  by  the  other  at  all? 

A.  I  can't  n<4ite  w  ether  I  made  any  such  8tato:.:ent  as  that 
,  but  I  nev'ir  did  notice  that  any  wells  on  Uie  90-acre 
tract  or  ab( ut  there  were  affected  by  any  wells  above. 

Q.  Fow  many  wells  have  ytu  sunk  in  tiiut  section  of  the 
country? 

A.   A  couple  of  dozen. 

C .    And  voii  have  knovm  a  i^ooa  many  otliers? 

A,    Soveral. 

Q.  Did  you  in  your  experience  there  and  in  the  manageoBnt 
and  condTict  of  your  ai" fairs  pay  any  attention  to  ti.at  par- 
ticular question? 

A.  Yec,   sir. 

Q.  And  didyou  attempt  to  observe  as  a  fact  how  one  well 
was  affected  or  socraed  to  be  affected  by  the  operations 
upon  the  other? 

A.  YeH,   Bir. 

Q.  And    'ou  did  t'at  at  this  tunnel  no.  2  when  you  were 
boring  those  wells,  did  you  not? 

A,  Yes,  sir.  The  only  place  v/  ero  I  ever  found  any  direct 
syLijjathy  between  any  wolls  was  on  the  '6''  acre  tract, 

Q,  That  is  oast  of  the  Curamonga  Springs? 

A.   Tho   furthest  east  of  any  developtoent  with  which  I 
was  connected. 


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Q.  You  are  ai.juaking  now  not  of  any  opinion  but  of  facts 
observed  by  youi'aeif  ? 

A.  Yea,   air. 

T^ia  Court:  Did  you  itate  to  t)>eni  tha  abaolute  facta? 

A.  I  tihow  ed  \):Qa    ri^ijht  on  the  ground, 

Q.  Whatever  a  fceaente  you  m':de,  were   in  connection  Wxth 
the  facts  tliat  you  illu8trat^:ci  on  the  ground? 

A,  Ye&,   bir. 

Mr.  Chapman:   Q.  Did  you  tell  t  (n  or  either  of  t)  em  in 
t  lat  or  any  other  converaation  #ien  t^ey  were  negotiat- 
ing for  this  rii^ht  of  developuient,  of  \.he  fact  tiiat  you 
stated  yesterday,  that  in  '96  w- en  you  cut  the  woll  No,  4 
10  : eot  below  the  level  of  the  water  that  the  water  in  the 
sliaft  of  this  wall  of  Frankiah  &  Staam  went  out? 

A.   I  dicfri't  tfell  t  am  t  at.  It  waa  a  mattor  of  cociion 
notoriety. 

Q.  You  didn't  tell  t  em? 

A.   I  probably  did  not, 

Q.  Ur.  F  inkle  did  make  m  great  many  inquiries  in  rer^ard 
to  t    t  mat 'er,  with  a  view  to  knowing  how  raiich  land  to 
got  to  protect  a  well  from  influence? 

A.   I  t  ink  w.  tedked  it  ov<:)r  soae,  I  don't  t.J;ihk  he  in  do 
any  inquirios.  At  least,   it     as  not  iiuprcBsed  on  my  mind. 

Q.   Do  you  reriember  a  conversation  t'  at  has  be  n    iven 
here     that  Mr,  Shepherd  was  present? 

A.  No,  air;   I  don't  remer.iber  any  particidar  occasion  wlien 
I  tiet  i  'jm  1  o^ether, 

Q.   Do  you  reraembor  any  particular  dates? 

A.   I  suppose  f -oi.  moaoranria  I  could  tell  i^o  was  therei. 


1 

Q.  Have  you  f^t  the  ruemorandum  with  yu? 

A  .  I  may  have ,   if  vou  giTo  rae  the  date . 

3 

Q,  I  iriah  you    /ould  turn  to  the  date  March  lb,  18^V. 

4 

^.   I  haven't  any  date  here  au  early  as  Uarch.  The  first 

5 

I  have  ia  April  4,  ie9V. 

b 

Q.  Do  you  remoni)er  when  you  ccncludud  that  transaction 

7 

with  the  San  Antonio  Water  Cor^jany? 

fci 

A.  I  think  the  first  transaction  '«au  closed  up  on  April 

4 

8,  18'.'9. 

10 

0  •   And  w  at  ia  the  first  dt  to  tht     you  have? 

11 

A,   It  say     Tuesday,  A^ril  4.  But  I  fina  a  date  March  Z/i, 

12 

Q.  Haven't  you  ,^ot  one  of  March  15th? 

X     13 

■1 

A.  No. 

-  '  «'  1  . 

g.  Who  was  present  on  March  22? 

2  «  S 

a  <  ui 

A,   It  says  "F.  C     Finkle's  oeasuronent  made  March  16, 

^3i 

ri6 

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0.   It  aon't  contain  any  notes  made  of  a  conversation  be- 

18 

tween  you? 

19 

A.  No,  sir;  merely  the  sumniary  of  the  tieasu  eounts  which 

2U 

he  oade  at  that  dhte. 

21 

^,  Does  t     t  aeciorandum  aho-.'  that  anybody  else  ^ms  pres- 

22 

ent? 

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\,   It  is  juat  a  r»morandui!i  of    he  meaBuren»;ntB;   it  does 

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not  sliow  t!  at  anybody  else  was  present. 

25 

Q.     ere  you  an  ofiicer  of  the  Cucanionga  Fruit  L  nd  Coapany 

2b 

at  V  hi  time? 

27 

A.  I  ms  a  director. 

28 

.},  '/Hio  wan  president? 

29 

A.  I.   •'•  Ilellman. 

n;^ 


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Q,  Did  you  hold  any  other  o'fice  than  t  at  of  diructor? 

A.   I  raiptit,     ave  been  Tice  president  at  t  at  time, 

Q.  Do  you  kn  w  who  negotiated  the  transaction  w  t    the  San 
Antonio  'A'ater  roo^jany  on  baha  If  of  IheCucamonga  Fruit 
Land  Company? 

A.  I  think  it  was  done  throu/^  an  agent  in  Ontario. 

Q.  I  mean  on  behalf  of  iJie  Fruit  Land  Company? 

A.  The  board  of  directors. 

Q,  "Didn't  you  yourself  cwiduct  tho  negotiations  zataniy? 

A.  To  a  certain  extent,  yes,   ^dr, 

Q.  Did  you  hold  any  office  in  the  Cucsinon^  Wbter  Cooapany 
at  Ihat  time? 

A.   I  tb.ink  I  was  president  of  the  Water  Cofupany. 

Q.  And  how  long  dia  you  continue  to  be  president? 

A.  Till  about  midsummer,  1902. 

Q.  And  how  long  before  that  !iad  you  beon  proi,iaent? 

A.  Probably  six  or  sevon  years, 

Q.  Now  have  you  f/;ot    he  memoranda  or  notes  from  which  you 
can  tg.}Hi  us  the  mtasurenents  which  you  made  of  the  walls  anc 
all  other  Boasurements  on  the  eatt  side,  from  '9^^  down? 

A.   I  don't  find  any  measurements  in  '^^  on  those  wells, 

Q,   In  1900?  I  am  Sjjeaking  of  tht    East  Side  wells  now. 

A,  I  understand.  Here  is  a  measurement  of  UieLone  Star, 
Friday  July  14,  18'^y.  T^iat  is  the  ^jearest. 

Q.  How  raiiCh? 

A.  3-ir)A''  ^^  depth,  30  inches  wide. 

Q,  That  is  over  the  stne  weir? 

A.  l!ho  same  sixe  weir. 

Q.  Not  ^he   same  weir?  A.  I  think  so. 


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at  the  Baz!w  place?  ~~~~ 

A.  I  think  uo. 

Q.  Did  th;>t  include  puiq}ed  water? 

A.  It  do  isn't  say.  I  don't  think  there  was  any  fixed  weir 
in  tliere  to  sea  iure  that  in  '^^V. 

Q.  Wrb  there   in  1900? 

A*   I  think  r  r.  Oaffy  made  a  number  of  moasuraoibntB 
there  at  tliat  time,  but  I  don't     think  I  i^u-d  any  weir  to 
jiBfcBure  with. 

().   In  1901? 

A.  January  IV,  1900,   is  a  mBasuroiaent  of  thu  Lono  Star: 
2-5/8  in  depth,  30  inches  in  width. 

Q.  Did  that  incliide  puLiped  water? 

A.  It  doosn't  Bay. 

Q.  Can't  yiu  state  ^iiet'  er  t  ey  were  poqping  at  that  time? 

A.  These  memoranda  wore  roade  for  ny  ov/n  use  from  day  to 
day,  without  roi^^ard  to  the  future,  I  never  had  any  idea  I 
would  bo  calleo  on.  I  made  thnm  to  make  my  report  to   the 
board  of  directors.     If  I  had  burned  the  books  then  I 
should  lifevo  be;;n  Tory  hapjiy  now. 

On  January  27,  1900,     at  2:20  P.M.,  Old  Settlera  Box, 
it  was  running  ovc:r  the  overflow  7/l6  inches.  Thu  South  side, 
the  depth  was  2-9/L6  inchea  and  th    width  30  inci  ea.     Ti  at 
was  Burely  at  th  t  timu  gi-afity  water. 

On  Fob>u-;ry  18,  1900,  3:50  P.M.,   South  Side,   2-7A6—  No, 
it  iv.  *30"  instead  of  Souti'  Side.  Tliat  is  a  measuroBient  of 
tho  :^-in(h  pi]je  over  at  the  Mountain  Vieiv  Hotel.  I  meaBUi-uci 
tho  Old  Settlers  wiki/  Box  at  4  P.V..  and  it  was  half  an 
inch  over  the  overflow. 


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The  Lone  Star  at  4:30  ne<.Burod  1-1/2  inc  ee  by  30  inchea. 

Q.  Did  t'at  i  cludo  pumped  water? 

L  I  don't  know. 
At  5:45  I  laoasured  the  «a  er  cociing  frco  the  35  Acre  lot, 
South  Side  water  at  Ninth  Stru'^t  in  Onta.  io  or    w  at  is  now 
Uplands,   3-1/2  inchaa  deep  by  Ih  in(' es. 

Q.   Were  wm  t;  at? 

A.  In  Upland;  in  the  Ontario  colony. 

Q.  T  at  ian't  on  the  eaat  side. 

A,  The  water  carie   ^>ora  the  35-acre  lot. 
There  is  a  memorandum  on  liarch  8,  1900,  that  they  w«r« 
getting  tlie  engir  ea  ready  on  the  Lone  Star  to  i)\}irsp  water. 
The  South  Side  or  35-acre  lot,  or  the  South  Siqj  box, 
meaaured  1-3/4  inc  he  a  deep  by  30  inc  lie  a  wide. 

Q.  Are  tlioae  T.one  Star  welia  ayrapathetic? 

A.  No,  sir.  No  ether  weila  anywhere  Uore  are  ayupathetic 
except  the  one  a  on  the  3;)  acre  lot. 

Q.  VP  en  was  t  at  aecond  Lone  Star  tunnel  conatructed? 

A.  There  waa  only  one  Lone  Star  Tunnel. 

Q.  Wail,  you  extenaad  it  at  one  time? 

A.  Yea,   air;   in  •97. 

Q.  Horf  far  was  it  extend od? 

A.  I  think  tlio  original  tunnel  waa  about  400  feat  long. 

Q.  And  the  extenaionma  from  the  north  and  of  the  Lone 
Star? 

A.  Yea,  air. 

Q.  And  the  watera  obtained  by  t  at  extenaion  war©  carried 
thrown  the  main  Lone  Star  Tuiu^el? 

A.  Yoa,   air;   I  U-ink  it  waa  extendod  abv  it  1000  feet. 


.^g) 


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Q:   In  1897? 

A.  MoBt  of  it. 

Q.   Wrien  was  it  oompletod? 

A,   I  aon't  kno.'i  tlmt  was  aftor  my  day  Af t-  r  1^02,  I  think. 

Q;  How  far  ■«i8  it  extended  in  1897? 

A.   About  to  tile  first  of  the  welle. 

Q.  Of  the  Lono  S^ar  wells? 

A.   I  don't  kno,.';   it  n^  ht  have  connected  both  of  the  welle, 

Q.  And  w  at  diBtarJCc  would  tl^at  be? 

A.  10C)0  or  1200  feet, 

Q.  Do  3^ou  mean  now  tsat  it  rai^t  have  heon  extend   d  to 
both  of  those  wells  in  18V7  or  '8? 

A  .  Yee,   sir. 

Q,  Weil,  proceed  with  your  measurenientB, 

A.  Ttiere  is  a   jemorandura  here  about  well  no.  4  on  March 
8,  1900.  Wall  No,  4  siphoned  dcv/n  about  60  feet.  Well  No, 
8,  25-I/2  fe-it  to  v.ater.  T  at  ia  the  well  ri  tit  adjoining 
it. 

Q.  Have     you  ^ot     any  measureiaent  of  the  wella  on  the  east 
side  about  t  at  samB  tioie? 
A,  The  only  thin^  I  m  asu  ed  t-at  day  was  the  Ontario  and 

Cucanioniga . 

Q.  Tat  ia  not  on  the  eaat  side. 

K,   And  on  the   south  aide  of  the  35  acre  lot.  But  I  gaTt 
t^^at  nieasurenent ,  On  March  14  at  noon,  1900,     Lone  Star 
weir,  jfadt^  'A-V/lC  incl\')B  dOijth  by  :60  in  width. 
On  the  1<  th  of  Manh  at  2:10  P.  '.  Lone  S'.ar  pua^ed,   5-1/4 
in  depth  and   '<iO  inches  in  width. 
At  2  o'clock  P.  M.  the  SouUi  Side,  txi;^  l-llA^  inc  es 


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L^-i 

in  depth  and  .60  inches  in  width.. 

The  Old  Settlerb  Box  disc'  nrging    ator  under  4-1/2  inch 

pressure. 

Aj-ril  4,  1900,  Lone  8t.ar,  de^jth  ;ii-loA6  incl.eo,  width  2iO 
indies. 

South  side  box,   .14  in  depth  and  30  i  ches  in  width. 
April  1   ,  1900,  Si.Of)  in    he  morning,  tlie  Lone  Star,  '6 
inches  in  depth  and  130  inc^^es  in  width. 
April  13,  1:40  P.M.,   South  Sido  box  1-3/4  inches  in  depth 
and  30  incl.es  in  width. 

April  16,   3  P,}',,   Sojth  Side  box  I-II/I6  inches  in  depth 
and  30  inches  in  vadth. 

Old  Settle ]'8  box  discl-iarging  wator  inder  4-7/l6-inch 
pressure. 

AQril  30,  2:15  P.p.;.,  Lone  Star  3-7/32  i.iches  in  depth  and 
30  inches  in  width. 

2:55,  Old  Settlers  box  discliarging  under  4-3/8     inches 
pressure. 

May  5,  1900,  1:35  P.M.,  Southsioo  box  2-3A6  inches  in  depth 
and  30  inch.os  in  width. 

Q.  W  at  place  did  you  say  t  at  was? 

A.   In  the  center  of  section  3. 

Q.   South— 

A.  South  Side  box. 

Q.  D:!ore  is  thnt? 

A.  The  centf;r  of  section  3. 

Q.   inhere  does  th^t  water  cone  froa? 

L  Tl:iat  wont  to  the  South  Side  tract  ,  Ontario. 

Q,  ¥  ere  did  it  cotae  from? 


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A.  Prom  the  35  acre  lot, 

0.   Is  t  -t  all  the  wat^r  t  at  cazoB  from  the  35-a  ere  tract? 

A,  Yes,   air. 
May  28,  1900,  2:10  P.M.     Lone  Star,  ^l/4  inches  in  depth 
and  50  inc^iBB  in  width. 

Juno  9,  9:30  A.  M. ,  Lone  Star,   ,116  of  a  foot,  30  inchei 
in  width. 

June  20tJi  tJiere  is  a  note  "finiBhed  well  on  the  we  at  branch 
of   "Y"  Tumoi." 

Q,   ^;at  year  was  that? 

A.  1900/ 
2:10  P.M.,    "Y"  Tunnel,   3-l/4  inches  in  depth  and  36  inches 
in  width.  And  here  is  the  log  of  the  woli. 
June  24,  3:50  P.M.,  Lone  Star,  using  ccwuprusser  on  «ell  no. 
6.  Deptii  on  the   u-ir  2-1/4  inc  es,  30  inclies  in  width. 
June  27,  Lone  Star  well  No.  b,  itajoJck  well  punp  Z-k  revolutions, 
2-I/4  inch 0 a  in  depth  by  30  incntjii  in  width. 
5:15  P.M.  South  Side  2-3/4  inches  in  aepth,   30  incites  in 
width. 

Friday  June  29,  3  P.M.  Southeide  box,  depth  2-7/a  inch«t, 
width  30  inches. 

June  30,  11:15  A.M.,  Lone  S*.ar  pumping  both  wells,  ,5-7/16 
inches  in  depth  by  30  inches  in  vddth. 

July  2,  Southside,  2-7/8  inches  in  depth  by  30  inches  wid«. 
•Y"  Tunnel,  4-I/4  inches  in  de.-th,   'iiS  inc^  es  in  width. 
Jul^^U,  1900,  12:^10  P.M.,   "Y"  Tunnel,   o-llA^  inches  in 

dej)th  and    36  inches  in  width. 

July  13,  2:2r>  P.M.,   Lone  Star,   3-.>A  -  inches  in  de.th  by 

30  inc}^08  in  width. 


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July  27,  12:15  im  iKjc±k  P.M.,  Lone  Star  3d  3-1/4  inchaa  in 

depth  and  iiO  inches  in  width. 

Southside,   .147  of    i  foot  in  depth  %nd  30  incboa  in  width. 

Au^ist  8,  1900,  1:5C)  P.M.,   Southaide,    ,Zk6  of       foot  in  depth 

and  .50  i nchea  in  v»idth. 

kuf^Bt  24,  12:56  P.M.,    "Y"     Tu.nel,  dopth  .274  of  a  foot, 

wid  th  thre  '  f e  et . 

1:35  P.M.,  Lena  Star —  the  figure  ib   so  blurrod  t  at  I 

can't  nay. 

Septokber  4,  1900,  12:50  P.  M.,  Southaida,   .228  in  depth, 

and  width  30  inchea. 

Q.   ,228  means  thous-jidtha  of  a  foot? 

A.  Yeo,  i:ir.  Septenher  19,  11:10  A.  M.,   Soulhside,  1-9/16 
inchoB  in  depth  and  30  inchea  in  width. 
ll:h:>     "Y*  Tunnel,  depth  .253,  widtli  3  fo«jt. 
12:10  P.y. ,  Southside,   .23.5,  30  inchea  in  width. 
October  3,  12:35  ?JL,  Southaide,  depth  .129,  wioth  30  inchea. 
October  It',  12:40  P.M.,  Lone  Star  1  inch  in  depth  and  ^ 
inches  in  wj.ath. 

Movember  12,  Southaido,  I-I/2  indiea  in  depth,  30  inc?ie8 
in  width.     L  ne  Star,  2-l/2  inrhea  in  d^pth,  30  inc^^ea  width. 

Ur.  Grreg  *:  Q.  You  are  turning  no  /  to  meaauromentB  of  another 
year? 

A.  Yes,   iiir. 

Q.  W  at  year  are  you  in  now? 

A.  Tho  yt-ar  1900. 

Q.    When  you  give  ducimala  what  do  you  mant 

A.  ThoiiBandtha  of  a  foot, 
Deceniber  4,  1900,  10:55  A.  M.,   "Y"  Tunnel  ,29^,  width  3  ftet. 


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Here  is  a  fact  about   well  no.  4,   if  you  wiah  it. 
January  11,  1901-- 

Mr.  Gre^j:  We  ure  just  ai^kiiig  you  about  the  a&st  aide. 

A.  T  at  is  the  time  tlie  well  wu  cut  iiito  the  tunnel. 

Ir,  Briti-:   Q.  la  this  a  raeaaureraent  on  Well  Mo,  4? 

A.  Indiroctly,  yea. 

Mr.  Briti>:   I  v^ouid  like  to  know  w)iat  the  infor;iation  ia. 
However,  you  can  pasn  it  and  I  aill  return  to  ih  on  re-dir  ct 
d:>caxaination. 

A.  F  b.  11,  1901,  1:50  P.  M.,  Lone  Sl-ar,    .029  in  de,>th,  30 
inches  in  width. 

April  16,   1901,  2:25  ?.U,,    "Y"  T  rinel,    .552  in  depth  ana 
5  foot  in  width. 

2:45  P.  M,  Lone  Sl.ar,   .148  in  depth,  30  inches  in  width. 
May  ^,  1901,  1:45  P.M.,  Old  Settlers  box  dxuchai^^ing  uricor 
four-inch  proaaure, 

2:4'">  P.M.  Lone  S'.ar  well  No.  b  pumping  w  th  air.  De,>th  on 
weir,  2-I/4  in(h6B,  width  30  incnea. 
May  18,  1901,  10::).;  A.M.,   "Y"  Tumiel,   .517  in  depth, 
3  feot  in    idth. 

Lone  S'.ar,  depth  2-3/8  inc}ieB,  widtli  30  inclios. 
Old  Settlers  box,    .3'i  1  in  depth  throu^)  uti  aperture  16  ai.d 
a  fraction  mcles  by  two  inchea. 

SouthaiiiG  box,   .017  in  dopth  and  50  inches  in  width. 
July  2b,  1901,  10:45  A.W.     "Y"  Tuni;el,    .356  in  depth  and 
3  feet  in  v/idth. 
1:20  P.M.  Southside  box,    .248  in  de^tli,  30  inc    „;-  xii  width. 

Mr?  Grof^;:   Q.  Wore  I  oy  pumping  the  wells  at   ihe  "Y*  Tunr>el 
at  that  time?  A.  I  think  not. 


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Aufiuat  18,   Southaioe,  10:4*^)  A.M.,    .328  in  de^th  and  ^ 

incnee  in  widUu 

Old  Settle  ra  box  discharging  under  4-inch  p'-cBaura. 

2:20  P.  W.   "Y"  Timnel   .224  in  depth  and  5  fe^t  in  width. 

Triorti  are  a  number  of  oeaaur omenta  here  t'  at  I  can't  make 

out,  80  I  won't  read  t  eoi. 

September  17,  1901,   12:20  P.  M.,    T"  Tunnel,    .175  in  depth, 

56  inc '08  in  width. 

Dec.;jaber  2,  1901,  ll:2r)  A.M.,  Southaide,   .501  in  duj^'u.  and 

30  inchoB  in  width. 

De<oraber  14,  ll:3n  A.  M.,   Southaide  box,   ,51b  in  dopth  and 

30  inches  in  width. 

December  23,  10:60  A.  M.,   "Y"  Tun  a,   .249  in  dewth  and 

3  fe  t  in  wif.th. 

Jamary  5,  1902,  11:20  A.  M.,   Southaide  box,    .27^  in  depth 

and  30  inc^iee  in  width. 

February  21,  1902,  5:12  P.M.,  Southaide  box,    .260  in  dv^pth 

and  30  inchea  m  width. 

T"  TuTi'iol,    .24^^  in  dept'    and  36  inchoa  in  width. 

April  2!»,  1902,   "Y"  Tunnel,    .259  in  fle;  th,  3  fout  in  width. 

Jun    6,  Southaide,   .276  in  depth,  30  inc^iea  in  width. 

■Y"  Tunnel,    .118  in  do^jth  und  3  feet  in  width. 

Mr.  Gre@^:   Q.  Have  you  any  meaaureoient  of  the  Lone  Star 

and  the  3^^-acre  tract  on  ti^•'t  dey? 

\    I  have  no  measurenient  of  the  Lone  Star  on  theae  dates 

t     t  I  have  not  read. 

Septe  bor  ;  ,  1902,  2:10  P.M.,  "Y"  Tunjiel,  no  water. 

2:30  P.  M.,  50  inch  pipe  line,  7/8  of  an  inch  in  depth, 

two  weir a,  36  inchea  w  de. 

October  16,  1902,  Southaide,  2-7^"  in  depth,  50  inchea  in 


Z  -  t- 

_  X  s 

•-0  3 

a  -.  E 

-  O  3 


1 
2 
>) 

4 

5 

b 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 


width. 
A.  I  don't  think  I  have  s^t  any  othar  meaBurenenta  after 

t:jit  data. 

*.(r.  Chupraan:   (\  Do  you  know  •7horo  the  f^ina  well  in? 

A.  Yes,   lir. 

Q,  W>ieroabout8  ia  it  located? 

A.  It  ia  locatfciri  in  the  tkp  par  part  of  tliu  cianaga  on  tha 
east  aide,  I  aluwld   say  700  feot  v/eat  of  the  weat  branch 
of  the   "Y»  Tunnel. 

0.   And  how  far  f  ^  «  the  Oucamonga  Spriiv^a? 

A.  IcLBdlately  north  of  tie     Cucaraon/ja  Sprin^pi. 

Q.  How  far  fli8^.ant? 

A.  Parh&pa  150  feut, 

Q.  Do  I'ou  know  »'hen  that  well  was  put  down? 

A.  No,   air, 

Q.  Do   /ou  know  Uie  depth  of  it? 

A.  No,   sir. 

Q.  Do  you  know  wiiether  it  was  pumped  or  not? 

A*  Yee;   I  have  seen  t  em  puB9)ing  it. 

Q.  Did  you  ever  make  any  nfeBurements  in  t}:uu   null? 

\,  No,   eir. 

Q.   At  w  at  time  do  you  know  of  its  being  paB9)ed? 

A.    At  the  tioa  I  -.as  working  on  the  develppmont  on  Helliaan 
Avenue 

Q.  Do  you  remAer    hat  year  that  wwt 

A.  I  ti^ink  it  was  abcut  *V9  or  190C).  It  was  a  very  anall 


28 
29 


27  if  fair  and  a  very  poor  pump,  and  t*  ey  pumped  very  little 


jratar,  PooHibly  20  inches  at  the  outside. 
Q.  That  is  the  China  wull? 


9 
10 
11 
12 
13 


-  I  IT  .  , 

2  0=  14 

<  ui  " 

Z  '  o 

M  ^  5  la 


16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


_ 


h.  Yea,  sir, 

Q.  What  woll  was  it  of  wl  ich  you  eaid  ycu  had  the  lot^? 

A.  On  the  branch  of  ty^e   "Y"  Tunnel. 

Q.   <.?  at  wafi  the  ciTaracter  of  the  catorial  found  1  ort? 

A.  I  can  f^ve  you  the  lo^;,   if  you  •"ish  it, 

Q.  Can't  ycu  p,iiQ  tib  a  f^  oral  deacription  of  it? 

Mr.  Britt:  Let  him  give  thy  log, 

Q.   All   ri  ht:  Grive  us  the  log  of  thit  »<oll. 

A.  Wobt  branch  of   "Y"  Tunnel.  Sii&ft  42  fetjt  in  aopth. 

A.   Froa  42  to  61!  foot,  hcaty     ravol, 
62  to  108  feot,  watex-  gravol. 
10b  to  110  fp  t,  clay. 
110  to  1^16,  wa'.tif    ;ravel. 
146  to  I4i^,  clay. 
146  to  176,  gravul. 
17(.  to  160,  clay. 
180  to  186,  gi-avel. 
18(i  to  190,  clay. 
190  to  212,  gravul. 
212  to  2^0,  hard  gravel. 

24^1  foot  of  1.)  inch  pipe. 
250     to  2i32,  dead  gravel.  T  at  is  jjravtl  without  water;  dry, 
252  to  514,  hard  >tt  vel. 
314  to  320     watei-    gravel. 
320  to  o?A,   clay. 
324  to  '67A,  water  gravel, 
Z^,  to  3^,  yollow  clay. 
358  to  5^)8  cijgc.coarao  clay. 
358  to  3>2,   clay 


I  i 


1-1 


i 


8 

9 

10 

11 
12 

/  13 

■J 
i  '- 1-" 

-  X  a    .   , 

-  2  §  1-^ 

:^ .  i  15 

_  O  3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
2b 
27 
28 
29 


362 

to  370  dead  /gravel. 

370 

to  374  clay. 

374  to  504  gravel. 

414    fet^t  of  12-inch  ca fling;  balance  10- 

inch  casing. 

Top 

24^1  feot  Iri-inch  casing. 

Mr 

.  Haskell:   Q,   W' ere  is  t  at  well  1( 

3catod  on  thiu 

nap 

eadiibit  1? 

A. 

At  the  extreme  end  of  the  west  hr 

.nch 

of  the  "Y 

•  Tunnel. 

Q. 

Could  you  locrat!    it  on  plaint  J'fs 

exhibit  1?  Is 

it  niark- 

Hd 

■Pellmn  W«ll  Mo.  2"? 

K. 

Yea,   nir. 

Q. 

On  thiB  exriibit  1? 

A. 

Yob,  Bir. 

r 

.  Chapman:   Q.     Does  the  jlace  wV^ero  you 

hate  the 

entry 

of  t  at  log  Bhow  the  dates  whon  they  were 

observed? 

A: 

I  have  ^hom  scattered  throt*^   t}ie 

bi.ok 

,  at  thu 

Liuei 

that  I  was  there . 

% 

Could  vcu  tell  oiactly  wi^en  tliat 

rdl 

vttLS  sunk? 

A. 

I  C'uld,  by  hunti  g  it  up. 

0. 

W'ion  did      au  con  «nce  it? 

A  . 

I  couldn't  roll  off  hand,  but,  probably 

sixty  duys  be- 

fore  the     24th  of  June. 

n. 

24th  of  June  of  ^'lat    /ear? 

A. 

190(;. 

Q. 

Ib  t'  at  th')  first  wull  bored  in  t^ 

0  "Y 

■  Tunnel? 

A. 

That  is  the  second  well,  ^or  instanc    , 

on  Ucnrio^ 

• 

/»  Msy 

28, 

1900,  in  one  of  lay  tntvelB  around 

^(.  8 

.0  w^iat  vaa  ^.;C'ing 

on, 

I  kept    account  of  wi^at  work  wa:   beint^ 

dono  and 

I   set 

it  ( 

jown.  At  :;i;40  p.m.  on  Monday  the  'Y*  Tunnel  «ra8  : 

in  gravel. 

1 

2 
3 

-I 

5 
6 
7 
8 
^) 

10 

11 

12 

X  13 


-IK., 

-  z  c 

i .  i  15 

2  <  u 

-5i 


'16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q  What  day  of  the  month? 
K  Tv>o  ^^tii  of  May,  1900. 
Q    Have  /  u  in  tliat  i  ook  the  1^;  of  any  other  well? 

A.  Only  t.itt  one, 

1..  I  moan  in  tliat  way. 

A.  Dion  I  paBsed  a  woll  I  found  oit   what    ..  «...>   wuro  di:ri;ing 
and  I   set  it,  down  in  t  e  nook. 

Q.  Have  you  the  logs  of  any  wsil  on  thewast  Bide  of  that 
Red  Hill? 

A.   I  iiavo   logs  of  all  of  thom, 

Q.  In  tl-iat  bo^>k? 

A.  No. 

%  Have  you  the  log  of  any  of  U.em  in  Ui.at  book? 

^.  I  preoujt3e  wall  no.  1  would  be   in  triat  boo>    aonuwiivre, 
or  in  soLiG   of  the  so  books. 

C.  Whtt  do  vou  alludo  to  aa     oil  no.  1? 

A.  Tlie   "Y"  Tunnel  well  no.  1. 

Q.  But  you  have  no  woll  on  thowbtit  aido  of   the  Rod  fUll 
in  that  book? 

A,  No,  air. 

Q,   When  was  wull  no.  1  bored? 

A.  Imrndi&toly  preceding 5  wtll  no.   2.  P  obhbly  throo  months 
proce-uiinA;. 

Q.  IIow  fer  f»-om  it? 

A.   I  judge  about  SH)^  f«3t. 

Q,  Plavt  you  p^t  t?ie  log  of  t>i«t  well  tiicre? 

A.   I  couldn't  locate  it  just   at,  this  moment.  They  boo  1  to 
bo  600  feot  apart,   atcorain^;  to  tho  loala  on  the  nap,— 
betwonn  well  n   .   1  and   well  no.  2 


I 


1 

2 
3 

4 
5 
6 
7 
8 
9 

10 

11 

12 

13 


Z  '-  (- 

^  r  ir 

O  1  - 

■^  -•  5  Is 

2  <  W 


"16 
17 
18 
19 
20 
21 
22 
22> 
24 
25 
26 
27 
28 

29 


■   .?0 


Q.  And  which  ia  the  aoit  northerly? 
A.  Woli  no.  2  IB  a  fe^i  foot  further  north, 

Q.  You  Bay  you  have   ^he  lo/-;  of  w  11  n   .  1? 
A.  Only  as  it  ia  Mcattored  trrout'Ji  by  the  different  dates. 
I  haven't  /^t  it  compilod  in  any  one  place. 

Q  Did     ou  in  ke^-pinf^  a  record  of  the  wells  ke.-p  a  record 
of  tho  temperature  of  thu  *ater  in  t'  em? 

A.  Yee,    sir. 

Q.  WiertiaboutB? 

A.  Tho   "Y"  Tun/iel  wcll^,     I  had   the  tenqjori^turo  of     those. 

Q,  Did  you  have  any  on  tho  we  at  side? 

A.  Yes,   air. 

0.  Which  one? 

A.  No.   4. 

0.  Have  you   -ot  it  thcire? 

'.  Mo,   Bir. 

0,  Do     ou  know  what  it  was? 

A.  IJy  iupresBicn  is  that  it  was  about  7:^.  TJie   "Y*     Tu/jael 
well  was  about     <j. 

Q.   Any  other  well   ttiat  you  kept  the  temperature  of? 

A,  I  don't  think  I  have  any  record  of  any  of  t'  {«i, 

Q.    Do  you  know  \i^iether  the  temperature  varied  as  bhe  w^li 
went  down? 

A.   I  don't  remcnber  anj'thing  about  il.  I  don't   iiink  1 
ever  took   the  temperature  except  after    .i.ey   uru  finished. 

Q.  Dia  you  over  take  tho  toDiperaturo  of  the  ciencjao? 

A.  Yob,    air. 

Q.  What  ms  it? 

A.  I  don't  reraiii.ibur . 


1 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

X     13 

■I 
as  •-  H 

<  i  o 

g.i  15 

"fit 

-•  -i 

:    16 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Q .  Have  you  no  rusraoranduja  of  it? 

A.   Soiijft«f}ier«,  yee, 

Q.  Y<u  ttiBtified  about  toupu rature  in  the  McPlierBon  caet-, 

did  ;vcu  not? 

A,   I  don't  remomber. 

Q.   Do  you  re.-itJuVier   t^jstifyiii-  at   follows: 
■Q.  Did  you  in  olio  coiiraa  of  puttia;^  duvm  tho8»i  ^elle  take 
tho  tenTjora"':riro  of     tho  water  t/iat  you  wsro  rfjctuving 
which  f lowod  from  these  wuila  at  theafl  great  aujio  t,   in  the 
suj.itjor  tirao? 

A.  Ye  I-,   air. 

Q.  ^iat  ma  t-iiw  \.c-mj;9r'.-.tur<)  aiid  ho?/  die   it  ao  apart  v/ith 
the  temperature  of  tho  aurfj^ce   flo^;  throughout  ti^at  count,  ry? 

A.  TVio  wallB  Taried  from  70  degrooa,  tho  «;art;o8t,   to  60  do- 
grof-p,   the  coolsst, 
■Q,  Tltat  wao  in  the  Bumiiier? 

A.  Yen,  Bir, 

"Q.   And      at  wa^  tjio  t-araperatiire.  of  tho  cienegaa? 
■A.  The   iML^K'.fir  touperitura  varioa  froa  64  to  6J, 
■Q.  So  "Ui  it   tho  cionoifja  water  is  cooler  than  w}iat  cobmb 
from  tlio  de'iij  v/uila,  evtin  in  tho  auijuior  tiuo' 
A.  Yaa,   axe;   very  pjiich  cooler."         Do  you   remombar  thut 
tebtiaaony? 

Mr.  :ia8kv3il:   Objectod  to  as  incoupetont,   irrelevant  and 
iiaaateriul  and  i^jas  noV  ing  to  do  with  the  isauaa  of  t};e  case, 
and  from  ivhich  m    i.nf ornm  o  can  he  dravvii.     It  is  a  well 
known  ffict  tiiit  \,-ni  character  of   t>io  soil  thro  ^^  which  water 
i.>a«i;a8  end  otJier  rjonditiont.  changefli  itn  torapenjture, 

'a't,  Chapi.^an:   If  you  are  correct  Lbout  that  you  oji't  be 


!;0 


I 
2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


<  S  o 

^.2  15 

a  •< 


O  3 


16 
17 
18 
19 
20 
21 
22 
23 
24 


25 


26 
27 
28 
29 


hurt  by  the  evidonce, 
Ttie  Court:  Ovorruled.     Into  "venor  exco,>tB. 
A.   My  recollection  of  thoue  thin^  w&e  fraah  m  ay  mind  at 

that  tirao,  and   I  ]jrt)sui.ie  I  testified  to  it  as  therti  stated. 

Q,  And   if  vou  did   so  testify  t' ere  then  it  wau  correct? 

A.  Yob,  air;  much  moro  apt  to  be  correct  t>ian  anything  I 
could  gue.:B  at  now. 

Re-Direct  Examination. 

Mr.  Haskell:   :  .     In  re  ;.rd   to  this  well  of  which  you  haTS 
given  "ihe  lo^,  you  have  /^-iven  a  part  of  the  log  dA     consist- 
ing of  yellow  clay.  Can  you  describe  t'^ut  yellow  clay? 

'.  Only  the  difference  in  ^he  color. 

0.  '^afi  it  of  a  fine  nature? 

A.   I  don't  reuijraber , 

Q.  Or  cofopact  or  nixed  with  graTel  or  sand? 

A.   I  can't  t:::ll  vcu  anything  about  it  at  this  late  date. 

Q.  Of  this  water  gruvel:  What  kind  ofgra?el  did  ;,  uu  do- 
nominato  water  gravel? 

A.  Any  co€LrBo  jf-^ravel  that  has  water  in  it—  not  dry. 

Q.  Then  you  denoiainate  anothor  claaa  as   "gravol".  fliat    4os 
ttat? 

A.  That  is  .'•ruvol  that  is  more  of  e  cemented  nature.  That 
does  not  h  Id  water.  Ihen  a  well  m&n  pulls  up  his  pump  he 
can  tell  whether  thero  is  free  gravel  in  it.  And  free  open 
gravel  is  called  water  gravel,  wliere   if  he  pulls  thd  ^Aimp 
up  the  wator     follows  it, 

Q.    And  t>iat  which  you  call   "gravel"  is  y^iat? 

A.  Dead  gravel     won't  respond  with  water  when  the  pump  is 
puilou  up  from  it. 


1 

2 
3 

4 

5 

b 

7 

8 

9 

10 

11 

12 

13 


z  •-  I- 

2  =  8  14 

u>  --  5  Id 
ait 

J   O  3 

n6 


17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


Q.  Y  u  also  clasaified  a  certain  portion  of  thia  as  being 
clay.  What  wae  that? 

A.  I  hnven't  any  definition  of  clay.  It  ia  clay,  thiat  is 
all. 

Q.  Purri  clay,  not  interniingi ad  with  anything  oIbo? 

^,    It  is  intermin^rled  witv^  sand.  AH  clay  there  is. 

Q.  You  also  denominate     dead  gravel. 

A.   That  contains  no  water  and  it  is  fVnorally  between 
two  i:npe-viou3  s' rata  of  clay. 

Q.  Does  this  dead  gravel  solid -fy  in  any  way? 

A,  Ii/  aay,  of  ton;  if  it  wau  solidified  very  much  it  //ould 
be  called  cttiaentiad  gravel. 

J.  And  in  your  CLaabification  dia  you  distino^uisii  between 
Quad  gruvol  ana  ceri  nt^d  f!;ruvsl  at  all,  or  did  ,  ou  cill  it 
all  dead  gravcil? 

\,  No,  sir;  I   ciill  it  ccuont  gravel.  Cenent  gravel  :..a  hard 
to  drill  t  roUf^  and  doad  gravol   in  roJiparatively  easy. 

'■:.,  No?/  wiUi  rufcronce  to  Uas  Eady  Tunncil  wliich    ou  refer 
to  a  well  flowing  ijito  it  aai  anotiier  utandin^r,  not  far  »way, 
with  'fl&te--  at  a  hi^er  elevation.  Will  you  locat.    -.hose 
to  wellc  on  this  rnbp  Exhibit,  1? 

A.  'fell  no.  6,  wiiich  is  clcae  to   '-  e  1896  «ull,   I  buo  mazlL- 
ed  on  ihit  inap. 

Q.  That  is  which  one  of  trie  wails  in  regi.ixi    .-o   rfiich  >ou 
teatiiied? 

A.  I  Qon't  reiueciber. 
!.    And  vhich  ie  the  other  well  loarkeu  on  this  u^p? 

A.   I  don't  recofTiize  it  by  this  map. 

Mr.  Brit   :     i    You  mentioned  on  March  8,  I  think  it  was. 


i      1 

2 

3 
4 

5 

6 

7 

8 

9 

10 

11 

12 

X  13 

s  3  =  14 

j  -.  E  Id 

_:  o  3 

17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


119^ 

1900,  Well  No,  4  wan  siplioned  dcwn  about  oO  fwot.  If  you 

can  find  tl^iat  entry  I    .vould  like   to  ask  you  a  le**  queationB, 
A.  I  j.,:ve   found   it. 

Q.  W  at  Ib  the  witry  at  lon^h? 

A.   It  Baya  20  feet.  Well  M   .  4  siphoned  dovm  about  20  feot. 

Q,  That  is  the  wall  also  called  the  Stoweli  woll? 

A.  Yy8,      ir. 

Q.    -'ai;  t  at  Uie  first  time  that  thttt  woil  was  lowered  by 
meanB  of  a  siphon? 

A.  Oh,  no.  I  th^nk  it  wa-  lowered  away  back  in  '98,  but 
there  is  different  roenorandiuas  in  dif'erent  ideces,  Rifjit 
in  this  it  Bays  Well  No.  8,  25.5  foot  to   ^ator. 

0.  And  wiiat  you  call  Woll  N^.  8  it  how  far  distant  froa 
the  Stowoll  well? 

A.  Just  will  in  e  few  fe=it  of  it. 

Q.  This  aiphon  process  w^^b  frcm  the  well  into  the    Kd%y 
Tuiinul? 

A.  Yob,   sir. 

Q.   And  the  20  fe^t  lowering  by  means  of  the  siphon  was 
from  i«^t  level,   if  that  is  w  at  it  means? 

A.  Fell  No,  4,  when  it  was  not  siphoned,     would  flow  over 
the  surface.  When  it  was  siphoned  down  it  went  Go*n 
BOLie  times  20  feot  aund  sometimes  more  and  some  tines 
leas,  a  cordintj  to  how    well  tiie  siphon  would   run.  SoueticisB 
air  v/ould  ret  into  it  and  it  wouldn't  work  so  wjII, 

0.  The  siphoning  of  a  well,   is  it  an  intermit  Lent  process? 

A,  SoraetiLies  the  water  went  over  by  gravity  and  soneti/.ies 
it  v/ould  draw  down  20  or  26  feut . 


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dQ.  V^en  you  uk©  this  expreae  ion  "trio  well  waH  oiphoned 

dovm     20  fecit,  does  t>iat  eaean  that  it  roraeiined  portMinent- 
ly  Biphonod  d"vm  t}i'it  far,  or  t  at  it  w&ts     juot  a  aingle 
occurTonce,  anc  t  .it  it  roee  a^in? 

A.  It  was  supposed  to  be  a  permanent  thing,  to   sipVon  it 
downto  the  limit.,  Thore  wae  an  arran^^mont  in  'ho  siphon 
wher(.'  the  workman  could  open  a  valve  and  open  the  vent  and 
let  t  e  air    ■;et  in  or  out,  and   t.>  un  le  could  close  it,   so 
that  it  .vould  draw  the    ater  down  a  /jood  deal  more  than  if 
thfire  waa  air  in  ^he  siphon. 

Q.    %8  the  siphon  a  fixed  appliance? 

A ,  Yes,   sii-. 
.  And  runs  constantly  all  the  time? 

A.  Yes,  sir. 

Q.  Did  the  siphon  require  constant  attention,  or    hen  it 

was  fixed  in  place  did  it  work  tutornatically? 

A.  They  f^nerally  look  after  it  once  a  weok. 

Q.  So  t)iat  t  at  entry  means     that  the  w-jH  was  at  that  ;^im 
pum^/ed  do'.m  from  the  surface  auixa  of  Uie  j^round  about  20 
feet? 

A.  I  had  the  habit  of  measuring  all  the  wells  to  aee  how 
far  to  the  Burfac©  of  t  e  water  it  was,   of  ,/hich  I  have 
hundreds  of  mor;ioranda  ana  measureaents. 

Q.   Does  that  signify  triat  by  means  of  the  siphon  tlie  water 
was  lowered  20  fo  t  lower  V.-.n  *he  curface  of  Uic  ground? 

A.    Yes,   Bi.r. 

d    About  how  long  did   it  remain  at  that  level? 

A.   I  didi't  take  any  other  memorandum  of  it,  T>  'To  is  of 
otlier  wells,   but  not  of  Uat  well. 


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Q  By  thiB  cjention  of  the  siphon  producin^^  a  lowering  of  the 
wat  r,  I  suppoBB  it  indicatea  that  iiie  well  lad  not  ben 
ccmiected  with  the  Kady  Tun?  el? 

A     It  wao  not  connected  till  January,   1901. 

(^   Have  you  a  niemorandum  of  it,  of  the  ticje  of  the  con- 
nection of  thnt  well  with  tieEady  Turmel? 

A.  Yes,  sir.  I  think  it  wat:  January  11,  1901.  The  siplion 
•topped  about  10:50  ana  the  water  broke  in  at  the  face  of 
the  tunnel  and   t     t  a  vOp^^ed  the  siphon  on  the  surface 
about  10:50  on  t  .e  morning  of  tl-ie  ilth  day  of  Jan  ary, 
1901. 

Q.  And  tJiat  connection  was  mado  at  tiie  <^ntde  of  1^  e  tuiir»l, 
I  suppose? 

\,  Yes,  air. 

Q.  W ATI  that  connection  was  made  w;  at  was  the  effect  on 
the  vfells?  Do  you  know  whether  it  increaBed  the  flov/s? 

A.  Pixiifl  the  mea8urof:Bnt,   it  increased  the  flow  of  t^  e 
well  aboiit  .jO  inches. 

Q,  Do  ;/ou  know  how  inuch  it  discharit^od   int^  'he  tunnel? 

^    I  do  not. 

Q.   Do  you  know  at  any  tine  af '  erwards? 

A.   I  don't  roawmbftrx  ever  ascertaining  exactly  what  that 
well  flowud. 

Q.    Aft  r  tiitt  connection  with   tlio  tujinel,  I  suppose   tlie 
water  did  not  stand  any  hi^er  in  the  wt  11  above  tho  tunnel? 

A.  No,  sir. 

Q.  It  £J1  poured  out  into  the  Kady  Tunnel  from  ^he  well 
dir'^^ctly? 
A.  Yes,  sir.  That  is  it. 


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Q.  Was  ^.hat  Stowall  Well  or  Well  No,  4  ever  capped  at  the 
Burface? 

A.  Yes,   sir. 

Q.   At  w  At  tine? 

A.  When  it  waa  first  bored  we  plu^^^ed  it  up  for  ^ho  time 
being. 

Q.  How  long  was   it  kept  capped? 

A,   It  vy&sn't  capped  permanently.  The  way  we  Btopped  the 
water,   vta  extended  t  .e  pipe  higher  up  bo  it  wouldn't  over 
flow  It.  Wo  regu  atod  tiie  flow  by  the  eleYation  of  the  dis- 
charge. 

Q.  It  dischar  pc*   10  feet  above  t,  e  surface? 

A.  T  at  wati  aboii   the  limit,  vwien  it  wan  firtt  boi*ed. 

Q.  And  you  regulated  the  flov.-  by  cutting  the  pipe  lower 
down  or  below  the  10-foot  elevation? 

A,  Yes,   sir. 

Q.   And  you  dictn't  rely  on  tho  cap  to  restrain  Uie  flow? 

A.  Not  necGBsarily;  no,  sir. 

Q,  W  at  became  of  f'  at  water  that  ran  into  the  Stowell 
well  Iraa  tkii    after  tho  tunnel  reacjed  it,  in  the  winter 
tine?  fab  it  being  used  for  irrigation  at  that  time  of  tiie 
year? 

A,   I  think  80.  I  think  they  used  ail  the  water  those  yeare. 

0.   In  the  wini-er  bb    .ell  as  the  bu.  lier? 

A.  Yes,  sir. 

Q.  1901? 

A.   I  believe  it  waB  a  pretty  w«t  win"  er  but  I  Uiink  tiiey 
used  it  all. 

Q«   About  tii&t  Helliaun  lell  Ne .  Z,  did  you  BUpei  intend 


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IXM^^xiMoa.  the  putting  down  of  that  woll? 

h.  Y-^.n,  air. 

Q.  Do  you  know  wheth  v  the  caoing  of  the  well  hhb  perforat- 
ed so  ati     to  allow  the  increaee  of  water? 

A.  YttB,  sir. 

Q.  Do  you  know  at  w;.at  de[.th  below  the  lui^ace? 

A,   I  don't  reaeirfior. 

Q.  Was  it  ^jerforated  mot-e  than  oncet 

K,  Oh,  yos;  ail  the  water  bearing  atrata —  do«p  onea-- 
wei'o  perforated. 

Q.  You  mention  in  ^^  •..'  log  of  t>!at  well  that  for  a^'out  forty 
feot  or  such  a  matter  there  was  heavy  gravel.  Do  you  mean 
boulderfi? 

*.  Mo;  coarse  gravel;  the     size  of  one •a  fiat. 

Q.   Is  tliat  water  bo  ring  /jravel? 

A.  Not  necessarily, 

Q.  Do  you  rerjBmber  whet  er  the  wells  8topi;ed  in  water  b  ar- 
ing  mutoriala  or  in  dry  la&torial? 

A.  I  don't  ro: -J Liber. 

Q.  W^iat  waB  the  diameter  of  t'  e  Stowell   w  11? 

A.  The  firat  100  fet:t   was  12  inch;  after  that  it  was  re- 
duced to  sevun-inch. 

Q.  Soven  inc  es  where   it  nitTwrtw  inter  sec  tea   Uie   tunnel? 

A,  Yo8,  sir, 

Q.  Soven  inches  all  the  way  do«n,  fron  the  tunnel  down? 

A.  Yes,  sir, 

Re-Cro8&  Examination. 

Mr,  Chapcjan:  0.     When  »!r.  l^'inkle  was  there  in  March,   '^C-, 
was  theru  a  well  t>^en  connected  with  this  Eady  Tunntl? 


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A    The'%  weilB?  No. 

Q.  Any  well  connected  with  the  Kady  Tuiinel? 

4-  <^fti^**«AB  t  8t? 

A.  1  t^ink  well  no.  9  was  conr.ected  in.  And  there  m»  a 
well  in  t^  e  a^aft  at  t  at  tioe. 
Q.    And  what  well  was  that? 
A.  I  think  ^5c.  7. 
Q,  Who  sunk  t  at  well? 
A,  I  had  t'  en  sunk. 

Q.  By  w  at  compe'  y? 

A.  AnderBon  sunk  two  wells  ti:6ro.— 

Q,  1  n»an  by  what  conpany  was  he  eci ployed? 

A.  Ttie  Cucarnonja  Fruit  Lam  Compcoiy.  All  Uiewelis  sunk  on 

the  west  side  end  outside  of   ti-e  ^0-acre  Iract  were  sunk 

by  the  Cucauone^a  Fruit  Land  Comijany  except     the  laet  end  of 

well  no.  14,  «4iich  iiio  Onta  io  Power  Company  paia     or. 

Q.  Did  they  sink  *iie  last  end  of  ti.e  well  or  did   Lhey  oak* 
a  connection? 

A.  They  took  it  over  bof  re  the  work  waa  finidhed. 

Q.  How  deep  v«B  the  well  ^en  they  took  it  over? 

A.   I  don't  reiaeniber. 

Q.  Was  it  as  aeop  as  the  level  of  the  tunnel? 

A.  Oh,  yes. 

Q.  And  a  ^^ood  deal  deeper? 

A.  Ob,  yeai  it  «as  practically  coiaplotoo. 

Q,  Now  this  siplion  in  well  no.  4  or  ^he  Stowell  well, 
did,vou  haje  any  aj^iaratus     in  that  by  which  the  siphon 

A.  Yes,  sir, 

Q.   V  t  waB  it? 

A.  An  air  vent  in  ^iie  top  of  it. 


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Q.  You  gave  the  meaBU:  eiuent  of  t  at  i»ter? 

A.  At  one  particular  date. 

Q.  Did  you  measure  it  ht  ajiy  ot  er  date  or  tiae? 

A.  Yes,   cir. 

Q.  It  varied  considerably? 

A.  Yes,  sir;  sometimes  it  ran  by  ^;ravity  and  sometimes  it 
would  be  20  fe  ;t  down  in  thewell. 

Q.  The  cut  in  the  pipe  was  about  ten  feet  below  the  surface? 

A.  Yes,  sir. 

Q.  Did     ou  ever  cut  it  any  lower? 

A.  No,   sir;  not  till  it  was  cut  off  in  the  tunnel. 

Q.   I  mean  before  it  was  cut  off  in  the  tunnel,  w'  en  you 
lov/ered   it  20  feot  you  did  it  by  means  of  the  siphon? 

A.  Yes,   sir. 

Q.  How  deop  in  the  well  did  the  siphon  ejttond? 

A.  About  2^  or  50  feut,   I  suppose;   one  joint  of  pipe. 

Q.  Belov/     hore  it  was  cut  off  or  below  the  top  of  the  ground? 

A,  Below  the  cut. 

Q.  When  this  water  was  siphoned  into   that  t  unnel  what  use 
was  made  of  t  At  water  and  by  whom? 

A.  Part  of  it  wont  to  Ontario.  I  sold  the  water  at  Ontario. 

Q.  Ttiat  is  the  30  inches  that  you  sold? 

A.  Yes,   sir. 

Q.   And  w  at  waa  done  with  the  rest  of  the  water? 
A.  It  went  to  the  Oucamon^  Water  Coiipany. 

Q.  How  much? 

A.  Probably  20  incbee. 

0.  No  more? 
A.   After  it  was  cut  of fin  the  tunnel  there  was  more  than 
t  at. 


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Q.  I  mean  befor(j  it  was  cut  off  in  the  tunnel, 

A.  I  can't  1  oil  how  it  was  divided.  I  don't  reneober. 
You  mi  ht  find  it  in  t    t  old  taatiiiiony.  It  wab  ail   worked 
over  there  at  Uiattime.  In  the  McBierson  caae. 

Q.  But  you  don't  reaember? 

A,  No,  sir;  I  Imven't  the  meooranda  here. 

0.  The  amount  t>tat  wont  to  th«  west  side     as  «60  incliaty 
and  you  don't  kno-j  *hat  eiraount  went  to  the  Cuci^._.\ja  Wa'.ar 
Company? 

\,  Mo,   oir, 

0.  How  were  thoy  fretting  it? 

k.  It  went  ti. rough  the  tunnel. 

Q.  Bat  from  v/hoia  did  tjney  •^^et  it?  You  rentod  it? 

^   No. 

0.  How  did  the  Cucaiionp^a  Water  Ooi;ipany  obtain  the  cater 
that  the  T'ruit  Land  Con^iany  d^voloped? 

A.   It  wen'    into  ♦heir  ay  atom—  into   "heir  pipe  ayatiB. 

Q.  Under  w  at  arrangeraonta  wit.h  the  lYuit  Iiand  Company? 

A.  No  arr*int>*>'^nt  wnatover. 

Q,  Didii't  you  leaee  it  to  the  Cucacion<^  WkC^r  Company? 

A,  No,  sir. 

Q.  Did  tho  Cucamonsa  Fruit  Land  Coo^any  lease  it  to  the 
Curar.>onf;ft  Water  'orapany? 

A  I  did  loaae  li:em  pnother  50  incliea  Uiat  I  had. 

Q,  W>:ercabc.i:t.a? 

A.  I  h^d   30  inches  that  beion^d  to  the  Townaitd.  South 
CucQEQDnf^a.   30,8.   I   rented  that, 

Q.  Where  uiu  tliat  come  f^-om? 

A.   It  miblB  part  of  tJie     y&teci. 


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Q«  But  from  w^  at  particular  aource  aid  it  oontf 

A.   Any  wat«r  thht    »iB  unrier  the  control  of  the    Cucanongn 
Wator  Comptiny, 

Q,  TVioy  l)a6  all  the  watt^r  ttiat  ccmje   ^>om  this  Sady  Tunnel 
except  thin  30  inchea  that  you  Viad  acid  to  the  San  Antonio? 

A«  Yo8,  t'ir, 

Q,  Hoy  had  about  30  incheu     beeidee  V'ht  w  ich  yon  did 
lease  them:  Whfsro  did  t  •t  20  inchea  cone  fro«,— 

A.   I  didnH  apjak  of  20  inches. 

Q.  30, 

A,   50 *C  inches  of  water. 

Q,  ^lorc!  eir!  tV-jt  cone  from? 

«.   It  oasie  from  anyirtiero  #  ere  the  Cucarion/ga  W.'ar  C<Mi* 
pany  had  watorl,  on  tho  eaat  side,  north  oido,  vest  »ide, 
or  Lcno  Star. 

TiKJ  Court:  O.'fcLH  it  reproaonted    by  atock  in  the  company? 

^,  It  vae  ropreaentod  by  actutd  dood  of  t  e  v^ater  givon  a 
groftt  nany  yenra  ago. that  went     to  South  CucaoungaTowr.aito, 
and  I  .rot  it  from  t'  cm  and  afterword  a  exchan^^d  it  for    water 
•tock  in  tl^i©  Cucanonea  v"?ator  Coci|iany—  part  of  it, 
Th' r*'  is  ono  correction  i   ..  lah     o  tiake,  I  read  ov  eti- 

denro  or  tranocript  and  it  b  ^-rae  V\r,t  1  aaid  tl.at  1      i-    no 
intoreot  in  UieCucaraon^  Water  Con})any,  I  have  aoue  a  tock 

in  t  -it  company,  and  aliiu   in  ^Jio  San  Antonio  Water  Coqpany, 

1,  How? 

A.  Yen,  air;  about  t>/o-thirda  as  aich  in  the  CucaBX>ngat  at 
I  have  in  ^h^  Sm  Antonio. 

Q,  You  don't  JiOiri  nny  of  i  xci.  in    ho  Cucaaonga  Water  Coo- 
i.^any  now? 


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A.  No,  air.  That  ie  >"  at  I  had  in  mind  r  on  you  aakad  tha 
question.  ^ 

Q,  Do  ytu  rsrenber  toeti  ying  in  *.ho  McPheraon  caoc  to 
the  following  orfect: 

*Q,  You  stated  on  cross  tJCBBination  U  ut  you  vuuld  find 
out  from  your  record  the  torr-B     f  th«  Itaao  to  the  San  Ari- 
tonio  people,  ae  tc  loosing  20  incheo  of    .'atar,  IImvo  you 
got  tliat  record  now?  A,  I  can  r.;iT«  you  the  amoun**  Daring 
•98  I  rented  (50  inchoe  of  water  for  which  I  ret aited  $5105,50, 

Q,  For  hoi»  lon^? 

A,  For  tho  aeaBon, 

Q.  To  whom  die  you  rent  th?.t?  A,  I  rwated  part  of  it    Ai  ^.h 
San  Antonio  Water  Company  and  part  of  it  to  the  Cuceanun<> 
Water  Conpany, 

0,  How  BTich  did  /ou  rent  y.o  the  Sen  Antonio     at  or  Compinyt 

A.  The  oxact  anount  I  can't  fif^uro  up     It  ran  by  noBttr, 

Q,  Couldn't  you  approxii,ate  it? 

A,  It  waa  ai^jrojciiiiatoly  26  inchoa, 

Q,  How  much  did  the  San  Antonio   'ator  C0':*ny  n-roa  to  p»y 
you  ff>r  t^  {it  20  inchee  of    water'' 

A.  For  w  at   t)iey  had  in  *^b  1  ^^ot  $2b  per  month  per  inch, 
W  at  th.e  Water  Tonpany  ])»ad  me  was  $10  i^r  inch  per  annum 
for  wlat  thny     ad, 

>i.       ut  .aLer  company  do  you  raoan? 

A,  Tho  Cucaoont^a  Water  Co  ijaiiy, 

Q,  The  San  Antonio  ^'ater  Coipany  |jaid  you  $25  per  inch 
pei'  Eionth? 

A.  Yos,  oir;  for  30  inchos,  as    near  ae  I  could  mi^e  it* 

Q,  T  oy  took  the  balance  t^at  the  Cucinonga  Water  Coopany 
didnH  got  out  of  the  60  incheet  ^  They  tcok  the  bilanc. 


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of  the  60  indiea  fron  Uib  Cucamcn^  Waicr  Com*ny,  dici  thoy? 

A.  Thoy  U^ok  the  balanre  which  the  Cucaaon^  ..ater  Cocapary 
dicinH  take  and  thA  North  Ontario     Do  eatic  lupply  ditfi't 
take. 

Q.  ^'liere  did  the  Iwigartrtr  WnqmWf.  ytrttt  balance  com  fron? 

A.  It  was  w'  at  '^     left  of  the  ^0  incJea  mS.  idcat  that  I 
h>d  at  t'Qt  time. 

?.  I  aaked  you  v»'  ere  it  cans  froa.  I  cidn  *i  ask  you  *f  at 
you  had,  but  "xhoTv  didf'^at  watsr  cooe  f^on? 

A.  The  QourcoB,  do  3/cu  nean? 

ft,  YoH,  air. 

'.  It  carao  from  the   '96  well  and  the  west  aide  of  the  Hi  11. 

0.  W  .'it  portion  of  the  wost  aide  of  theHili? 

uncior 
k,  30  inchey  of  It  '-aa  water  which  I  roceived  ixam  that 

to  the 
dc(i('  fron  thuLand  Coni>any    BJf  '<''ai>er  Conuany,  and   I  u  other 

30  inchoB  waa  w  at  I  wae  entitled  to  from  the  '96  w«j11, 

Q.  The  do -d  f  om  t^.o  Land  Co  mpatiy  to   the  Weter  Coauany?  Do 

you  mean  t   t   40  inc'  ©a?  A.  No;   t::ore  ia  a  ClaeaD,  if  I 

rfvK'inber  rigjit,  nnri    ui-'dor  t  at  doi^d  thore  ia  30  inchoa 

of  water  which  I  had  at  t!  at  tiraa."        Do  you  renieoher 

80  teetifying? 

A#  Tt\iit  ia  juct  w^  at  I  have  bo'.n  taotifyin^  now.  I  remaaber 

teotifying  that  I  ^ad  30.8  inchoa  of  wator  in  the;  D  claaei- 

fication  of  +hot  deod,   and  30  inr^  oa  that  Ini  purch&ood 

from  tho  Fruit  Land  Coinfjany  for     paying  for  'i  o  work  that 

I  }tad  done  and  the  cionuy  advanced. 

Q.  You  af^nv  d  to  take  ao  much  per  inch  of  water  dovoloped? 

A.  Y«o,  air. 

q.  At  $600  an  inch? 

A.  Thot  ifl  ri       .1  had  $18,000,  and  I  took  30  inchea. 


li. 


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Q,  T  at  in  the  work  you  did  of  putting  th«  lady  Tunnel  in 

repair  and  extending  it  and  boring  the  velle? 

A,  Yea,  air* 

Q:   And  you  fjot  30  inches  of  water  aa  your  cc  j*,ion  in 

going  t  .t? 

A.  YeB,  Bir, 

^.  Tfttis  t,ho     atw  you  aold  U>  the  San  Antonio       '  cr  Com- 
pany? 

A.   It  ni^s^.t  h-  Ye  be.n  t  nt  or  the  other  30,  but  it  vaa 
part  of  the  60,8  ihich  I  convroiiea  at  tluit  tioa. 

Q,  At  any  rate,  in  t.ht<  teotiuuny  «b  4di  I  heire  juBt 
roari,  .cu  ).(iTe  given  *hc  correct  atatonunt  of  rh<  r«  the 
v/at  r  cai.jc  froa  t  at  >ou  w^ro   uu.r  i  ^  uf ,  both  that 

which  the  Cucatjonga  Wat  er  Corapar.y  ;;^t  and  t>iat  thich  tha 
Sen  Ant  onio  Water  ronj^any    •;ot? 

'.  'lo  doubt  of  it. 

Mr.  Haskuli:    -•  Can  y^^u  tell  us  ai'  ^roxinritt^Iy  hov  aaioh 
water  camft  frrm  the  ftidy  Tunnel  at  Uie  tlna  t  cro   vaa  30 
incVes  hoing  c    iivurnd  to    Ontario  aa  you       tc  toatil'idd? 

A,  Tht.re  io  recorda  up  there  that  will  thow  it--  on  that 
exhibit. 

-0- 

l^e  Court  takea  a  re'  oaa  until  to«aorrow,  Jan.  24, 
IVOB,  at     ton  o'clock  A.  M. 

0''0--  — 


nn-lTT^inAK^T. 


IN    T  H  E 


Superior^  Court 


OF   THE 


County  of  San  Bernardino 


State  of  California 


Cucaflorii^  Vineyard  Co., 


vs. 


San  Antonio  V/ater  Co., 


Plaintiff 


Defendant 


Vol.  XIV. 


IKDEX. 


Purcell,  G-ervaise, 

n  II 

Stowell,   N.  W. 

Deeds,   Introd'xtion  of 


1196     1218 
124^) 
1228     1232 
12/W 


I.  BENJAMIN,  Official  Reporter 


11  •)6 

Januai-y  i^4,   1908.  Ftourtconth  Day. 

OERVAISS  PUBCEIJi. 
Gervoi  ae  Purcoll,  a  witnasB  produood  by  thd  pl&inui:f, 
beixv'  first  duly  sworn,  testifiod  as  follows: 

DIKECT  EXAMINATION: 

MR.  BiilTT:     Q    What  is  your  profession  or  occupation? 

A    Civil  and  hydiaulic  enf;ineer. 

Q    Wiat  is  ■'^ho  length  of  your  experimoe  in  the  praotioe 
of  that  profession?       A     About  thirty-five  years, 

0     And  in  a  renoral  way  what  has  been  your  lines  of  profes- 
sional practice  in  the  wa,   of  water  mtmifo  stations  ami  watt*r 
dovelofaaonts? 

A    It  coverB  everything  in  relation  to  thos*  matters, 
water  developments,  projections  of  water  py stoma,  investirji- 
tion  of  supplies  and  the  detennination  of  their  permanency, 
and  all  matters  pertaining  to  the  use  of  water  for  domestic 
and  irrif^tion  purposes  and  power. 

Q    Have  you  had  any  term  of  service  or  poriod  of  extended 
sei-vice  in  the  line  of  your  orofession  here  in  Southern  Cal- 
ifornia? 

A    Yea  cir:     I  hafO  boon  hero  since  1680.       And  fron  '67 
on  I  think  I  praotiood  exclusively  in  hydi'aulics,  except  an 
occasional  excursion  in  otVor  branohos  of  the  profession. 
I  have  boon  on?)loyed  by  almoat  orviy  water  9oap9Jij  in  South- 
em  Californiu — tho  larger  water  oo^fMnies,   and  anyway  in- 
cluding the  Lake  Hornet,  the  Lytle  Creek,    -i;-  North  Fork  Ditcb, 
the  Cuoamonga  Water  Coraoany,   tho  Piraonar— the  city  of  Punona— 
the  city  of  Pr^sadena,   the  city  of  AXbMfera«   the  city  of  Los 


1!  [1 


I  '^7 

Angles  end  quite  a  ninbor  of  others  that  I  don't  ezao^JLy 
remember  at  the  present  monani. 

Q  State  v.liethor  the  praotice    f  your  profoesion  haa  involT- 
ed  the  inToeti/^^tion  of  the  eouroo  of  water  8u;j.)ly  and  the 
oaiiEio  of  tlio  diBappeanmco  of  water  in  thio,  that  or   the 
other  looalities. 

A    'Hiat  IB  OBBentially  one  of  the  ■»ft  inportant  points 
that  are  put  up  to  us— the  permanonoy  of  iho  rupply,  its 
pOBBi>>le  disappetirance  and  the  poesible  causes  that  msj  oauss 
thut  dlBappeiij'iinoe,  and  in  sons  oasss  I  hare  investirjated 
whothor  tluit  roflult  bra  occurred  by  their  being  affected  by 
other  improTements,  oik;  I  have  /^^ven  an  opinion  ua  1,0  the 
cause  of  the  distxirbfrnce,  wtiatorer  it  was,        I  rii '^  t  also 
add  thfct  I  have  acted  ^or  the  (lorona  Watar  Gomfjan.  ,   the  Tan- 
esoal  Water  (>)mpany  and  boh»  of  the  ot^rs  in  that  diroe** 
ti  on,  the  St-jita  Ana,  and  I  an  now  conB\J.tin/r  on/ijineor  of 
the  8«fita  Ana  Valley  Irric^tion  Osmpany    and  the  Anaheim 
Union  Water  Cosnpany, 

0    Stdte  v^hethor  or  not  you  haTS  basn  aoiitsswd  to  rendsr 
opiniunB  in  the  course  of  your  orofeBeional  cn^loynent  on 
thaae  various  oubjeots  which  I  havo  indicated  to  you  in  ths 
course  of  these  questions. 

A    Yen  sir;     I  do  that  constantly, 

Q    State  Y/hethor  or  not  yo->    consider  jourBolf  conpotent 
to  render  an  opinion  on  the  ori/^n,  the  flow,  the  surface 
manifestation  and  the  gauaea  of  the  disi^paaranco  of  water 
in  the  locality  of  this  part  of  Bouthern  California, 

A    i  bolieve  I  aai,   judf^Ti//  from  the  satisfacUon  expressed 
by  my  clients  dux  inr.  my  prof«*saienai  ear«t>r.         1  think  I 


nns 

em,   satiafied  that  I  ai. 

Q  Do  yor»  know  tJ\la  locality  known  as  the  H/bd  Hill  in  tli* 
neighborhood  of  'ho  Cuomaonf^  Oreek  in  San  Bomai'dino  County? 

A     I  buve  l-niown  that  country  for  qui^^  a  lonr-  ti-no,    and  I 
have  Icnown  it  intiinaloly  oinco  Idvy, 

Q    Do  yuu  kr^ov  the  situation  of  the  Cuottnon^  Canyon-— • 
known  aa  tho  Ouoemon/^  Canyon- — and  *ho  Cucaoonf^a  '"reak  on 
the  oast  aide  of  the  Ked  Hill  and  the  other  surface  water 
manifeBtB-tions  end  tho  streaiiB  ieouing  fron  it  called  the 
Gucwnonr;!'.  Sprin^^s? 

A    Yea  air.       I  hare  aoen  than  vory  roany  tkiea  in  t>»  last 
Boven  or  eif^t  yeera. 

Q    Have  you  eocaninod  iho  territoiy  in  Vu^  iniaodiute 
vicinity  very  much? 

A    Yea  air.     I  have  meaaurod  the  water  peraonally  i'^  con- 
iiTio*ion  witv     'r.  Koebi/n;  und  ilr ,  Wri-ht,   end  I  had  it  for 
Bone  yeara  oonatantly  maaeured  by  Ur,  ?rederi<dc  H.  Beid  who 
I  nent  there,  and  at  intemittent  timaa  we  inveati^^ted  the 
f^a  tor  und  felt  sure  thia  work  waa  correct. 

Q     Do  you  know  tho  renf^e  of  mountaina  called  tho  Sierra 
Madro  nuifw? 

A    I  do. 

Q    Where  is  it  aituaiad  with  reference  to  the  Cuoeaionrsi 
Sprinf^? 

A    It  is  aituated,  f^narally  tpaakinr:!  northerly. 

Q    fhat  ia  the  trend  of  that  rtn^jB  of  DOuntainB? 

A    Northsaiterly  sonevhat:     protty  near  eaitcrly  und  wub- 
t«rly. 

Q    And  about  how  far  noi^h  from  th«i0  Spring  ia  thia  ran(^ 


11^9 


of  mountains? 

A    About  five  or  six  ciilee,  dep«ndinf^  on  th«  point  you 
otfcrt  fr on. 

Q    Wiat  is  the  8lo])«  of  the  surfaco  of  the  f^ound  between 
tho  foot  of  tho  rwfi/^  and  tho  Cuoenon^  Sprin/^? 

A    Tho  slope  io  about  l&O  foot  to  tlia  mile,  ae  I   rscolloot 
it. 

Q    And  in  whio}^  direction  is  the  slops? 

A    Gonorall:,    opaakinf^  it  is  aouthorly  wid  ali/titly  south- 
ouBtcrly  boflidos, 

Q     Do  you  know  what  is  the  nature  of  the  material  and  thi 
Burfaoo  of  the  rround  at  well  as  the  material  at  socie  eon- 
I i durable    distsnot  below  the  surfaoe  of  this  elope? 

A    Yea  sir.     It  ic  an  alluvial  deposit.       The  plainia 
filled,   oi^uBod  by  tht*  denudation  of  tho  mountains  norV    of  it, 

Q     Tliat  is  the  character  of    ho  material  without    'oin^ 
into  the  f^iolor^cal  or  oheiaical  character  of  it,  but  what 
Lb  tho  char actor  of  it? 

A    Gravel,  bouldors,  sand,   silt,  and  I  don*t  know  of  Jtikan 

20  my  thi  n/^  el  so,       Ttiore  is  no  «<»?idt)noo  of  there  boinf^  anything 

21  i)l:-,o. 

22  Q    What  it  the  chaiaotor  of  *ho  raz^  innediately  to  thi 

23  torth  of  the  Cucanonf^  S^^rinf^s  with  reference  to  tteepneat? 
2^^     A  It  is  Tory  otccp.      You  nean  t.ho  Siena  Uadres? 

25     Q    Yos. 

2^     A    It  is  a  very  stoop  slope,   the  one  faoinf^  this  m^j — fao- 

^''nf',  tho  ocean. 

2^    (:     That  it  the  toutherlv  escnrpment  of  the  renew? 

2^    A     Ttitt  southerly  vsearpaoai*  ui    .vj        i  \>,  joo  axx  , 


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0  Vhat  have  you  to  say  aa  to  the  naiixre  of  thio  rit.turial 
between  U^o  foot  of  the  moimtaina  and  the  Ouooaidn^  Sprinf^a 
relative  to  ite  permeability  to  water? 

A    It  is  quite  porous.       It  is  :..ore  porous  in  sono  portions 
thwi  in  others,   as  'hope  fills  always  art.       Some  places 
it  is  very    >orouB  and  some  places  Huoh  less  so. 

Q  Have  you  observed  tmyth.nf;  of  the  surface  channels  tdon^ 
Uiic  slope,   fiori  the  foot  of  the  mountains  to  the  Cuoaaonga 
Spring? 

A     I  )\fk-ve» 

Q    V/hat  is  the  nature  and  diaraoter  of  the  channels  there 
as  to  beinr  sMftinfc  or  fixed,  whether  they  i^o  few  or  nuner- 
outs,   nnd  whether    .yiey  are  daap  or  shallow? 

A     Ae  they  start  out  from  the  laountains  they  are  pretty 
dtJcjp  and  f^orally  consiBt  of  about  one  channel.       As  they 
^t  further  down  this  channel  separates  up  into  a  nunber, 
fonninf;  a  delta  of  smaller  channels,  thsss  representing  them- 
selves as  sofoo  fnn-Qhape  spreads  or  fan-ahapa  conditions, 
or  Vhat  nirint  he  rsprosor.ted  hy  yoiur  wrist  end  the  fin^ri 
of  your  hand. 

Q    Have  you  observod  personally  as  to  what  ohannel  there 
ie  the  ')rincij)al  conduit  of  water  flowinf;  from  the  mountains 
in  the  neif^Vorhood  of    he  OuosBK>Qga  Sprin^^? 

A    You  rauetn  the  ionediate  start  from  the  mountains? 

Q    Yos.      The  lar^r  channel  at  the  foot  of  tha  mimtain 
run  ti. 

A  Yos.  T).o  largest  ohanndl  there  is  the  Cucaoon^  Creak 
itpelf. 

Q    What  do  I)  8  this  come  fro.n? 


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A     It  cQtsiGB  from  t.he  f$l«rr«  tfountaini  direct  and  h&i  a 
r'.^v+b.^rly  tr«nd  end  fiono  portr  sotrthttiterly  as  It  pj»\9 
fiu**her  down. 

Q    Are  there  any  nailer  ottnyone  in  Uie  nei^borhood,  the 
waterB  of  whioh  debouch  Into  thie  ni       ■    rhood? 

A    YeB,       Ther©  ore  some  oenyone  fmther  east.       There  is 
Deor  Canyon  that  adds  a  quantity  of  water  to  the  saturated 
ncBB  bolow, 

Q    Vhat  hfive  you  not! cad  as  to  the  disappearance  of      - 
water  ooninft  down  fron  these  canyons  onto  the  slopin*^ 
(:TOund  "U?&t  you  mentioned  at  tho  foot  of  *«he  rwiir^,    ..bethor 
it  dise^peorB  at  all,   and  the  country  or  district  nithin 
which  it  diB8|>}«ars? 

A     I  studied  that  ter    carefully  nnd  I  oms  to  the  conclu- 
flion  thr.t  the  abBOrptive  procMjrtios  of  thnt  plain  were  so 
rraat  that  fran  the  flood  water  a  that  I  obsei'ved  they  don't 
fro  very  t^r  before  tha  run-off  was  entirely  absorhed  or  taken 
into  t^:e  rround.       I    n,-'  t  montion  one  particular  instance 
in  which  I  think  you  were  a  pert/,  Judfje  Britt.      If  ay  re- 
collection is  ri,s^t,   it  was  in  t^e  first  week  in  Uurch,  1905. 
We  wero  ther^;  with  Ur,  O'UelTeny  end  Mr.  Wrij-ht,  and  you 
were  tliere  und  I  was  there,  and  there  was  a  flow  ooning 
out  of  the  Cuc«iionf:a  Creek.      The  Boiount  I  don't  know,  be- 
cuiipe  no  dir^n't  meawure  it.       But  it  was  about  fifty  feet 
wide  and  po^  sibly  two  and  a  half  or  three  feet  or  even  more 
do  op  as  it  debouched  fron  the  mountains,  and  when  we  ^t 
down  to  the  Red  Kille  it  had  alnost  disappsarsd,  althou^ 
there  was  still  a  araall  itoount  of  water  passiiv;  down  tHe 
«»feBt  chrjinel  an<i  some    iown  t>;c  wt^st  ons. 


r 


1  '^o2 

Q  niat  about  tho  velocity  of  the  flow  at  the  mouth  of  the 
canyon? 

A  It  is  very  great,  as  mipjit  be  expected,  because  the 
f^ade  is  very  hi^.   That  would  repiesen!.  quite  a  larr^ 
amount  of  water.   We  went  there  on  account  of  there  being 
a  heavy  rain  previously  and  it  was  the  wish  of  all  par'.ies 
to  soe  the  conditions  that  would  result  from  the  expected 
flood. 

Q  During  the  time  that  >ou  have  observed  this  country, 
where  doss  the  orincipal  surface  chamiel  from  tho  mouth  of 
the  Cucamon;:ra  Canyon  run  over  the  surface  sloping:  plain  that 
you  have  described,  relative  to  the  Red  Hill  which  has  been 
a  good  deal  talked  of  in  tJiis  case? 

A  i^ometimea  doym  the  west  sit'e  and  sonetimes  down  tho  east, 
and  sometimes  both  of  them.     There  aro  channels  on  both 
sides.   I  mifdit  mention  that  a  tour  of  the  country  shows 
that  there  is  very  little  differonce  in  the  elevation  of 
those  two  channels, 

Q  Do  you  know  of  any  surface  manifestations  of  water  at 
the  CUcamonga  Sprinp:s  within  the  period  of  your  own  observa- 
tions? 

A  I  remenber  in  1900,  I  think  it  was,  or  the  latter  end 
of  1899,  there  were  sienegas  there  on  tho  Red  Hill  throu^ 
producin*^:  water. 

Q  Do  you  know  anyUainf  about  the  flow  of  water  in  the 
Creek  on  the  east  side  of  Ked  Hill  at  that  time? 

A  No;  I  did  not  make  a  very  careful  examination  of  th0 
amount  of  water  at  that  time  on  the  oast  side.   I  was  more 
interested  in  knowinp:  the  condi^/ion  of  things  on  the  west 


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ridv., 

Q  Do  you  know  what  af te  yrrrds  baome  of  tho  Btxrf non  tp- 
poarunoo  of  water  on  CTUomoz;^  Sprin^^  on  t»he  oast  sj.uo  of 
tho  Red  Hill  fron  peraonal  obaervation? 

A  The  sionagas  are  dried  vp   or  have  diaappaared. 

Q  Sono  years  later? 

A     In  1904,  5  *nd  6  and  ulon^  t^«re,  ard  I  think  back  as 
etu'ly  as  *Jhe  ourly  part  of  Juiuary,   1904,   or  tha  aprinf  of 
1904  I  noticed  it  disappear  to  a  ltt*f::;e  ertun».       I    lO&sured 
tho  water  oonotuntly  fioja  Die  uionejo^B  on  t>  , 

either  di/ «otly  i!^s«lf  or  throuf^  ^ho  instrunnntnlity  of  a 
»arty  that  wo  iiaintLined  there  for  tV.at  purpuau,   £jid  tho  flow 
f  tho  Be  si  enei^B  was  idwayp.  ftjottin/r;  aoaller  tJid  vtaller,   and 
:t  fpt  down  to  UB  low  CM  tliree  inches  and  I  hare  tho  iiaasuro- 
nents, 

Q  Are  you  Sioqnainted  with  the  oituatian  of  tho  sirin^^  of 
woIIb  200  feet  nor^.h  of  ^nse  Line  end  dsoi;7»»tt)d  in  tho 
CO  reo  of  this  evidence,  oonaenoin^^  on  the  wos'^,     as  one, 
two,  three,  foiir,  five,   six,   seven  and  ei^ht,  which  in  soms 
ymxTR  }Si.ve  been  punped  by  t}:e  Sen  Antonio  Water  Co.i.pany? 

A    I  mi  very  well  t'.cqu£.inted  with  thea,  imd  I  have  oeasurod 
ho  flow  of  socae  pereonally  jayself , 

Q    Do  you  know  their  oituation  relative  to  the  Ouosnon^ 
?prir:^:B?       A     I  do. 

Q    You  are  acquainted  with  tho  situution  of  thu  tuanel  on 
^he  west  nide  of  rha  Red  Hill  known  as  the  Sady  Tunnel? 

A    Yob.       I  msasurod  the  waLor  out  of  thi.\.  also  over  weirs 
jnnswn  as  mnber  one  i<nd  nuaber  two  in  this  case. 

0    TV)  yju  tirow  th^  loci^tion  of  the  well  called  tho  Stowell 


Il' 


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1  *^04 

veil  on  t.he  weat  aide  of  Iho  B»d  Hill  ind  ad  so  tho  «»11  deiii^ 
naied  here  ae  No.  14  At  tho  «nd  of  the  Eady  tunnol  at  prasoni? 

A    Yes,  I  Vjiopw  tbo  locution  of  both  those  wolls. 

Q  fltato  whether  you  have  ozaBiiie<i  tho  condition  of  thoee 
wells  at  thti  tunnel  with  reference  to  the  CuoanunRa  Spring 
and  the  noir^ihorin^^  toporj-aphioal  foatui-ei, 

A    Ver    om-efully, 

Q    You  said  you  had  nade  wia»  nMaturemtnts  personally  and 
throuf^  tho  apioncy  of  other  parties  of  the  water  issuing 
fro-1  tho  Eadv  Timnel? 

A    Yes  sir,   over  weir  nunbor  one  nnd  two. 

Q    Have  you  nade  any  study  of  the  data  containod  in  tho 
plan,  map  or  chart  or  tabuletion  of ''ered  in  ovidonoe  as 
plaintlff'p.  exhihil  three? 

A    Yes  air. 

Q    Lookat  this  chart  or  profile  now  shown  jou  and  itaie 
what  it  is. 

A  It  ifl  a  profile  find  hts  wi'.ten  on  it  •Tucaiion^  laWr 
Flowing;  from  tho  Mouth  of  West  Side  Tunnol."  That  dof^sn't 
refer  to  the  ownorchip,  hut  -ho  water  corain,.^,  iroa  ti/j  •, 

heinr*  over  weirs  nuraher  ono  t^nd  two.       Those  are  ne 
by  WrUit,  Purcoll,  Ooebif^,  iteid,  yarrit,   Saixnders,   Tiask  uid 
Johnopn . 

Q     State  whether  or  not  this  is  compiled  froa  exhibit  throe. 

A    Yea  sir.     It  coincides  wlth---eTorythi'r--  fou*'f»  on  t^^is 

will  be  found  o/i  oxhibit  tVauo.  '  c  -i^- 

this  one  so  as  to  satiofy  onrsolves  of  the  effect  on  the  dis- 
charge of  tunnol  Ho.  2  or  tho  west  side  tmnel, 
|j      Q    Is  that  the  smm  wi  th«.^  K<.dv  TtmnelT 


1  '305 

A    ThB.\,  it  Va9  imm  thing  as  the  Sady  Tunnol  ,  und  of  tha 
piznpinif':  «bov«  Baao  Line,  «nd  tlibt  la  tho  reault, 

Q    Ihan  you  apeak  of  pun(>in  -  i^bova  Baae  Line,  irti&t  parti o- 
ul&r  pvai^inf;  do  you  refer  to? 

A    I  caean  Uie  pinping  of  walla  one,  two,  three,  four,  five 
And  aix,  either  lb  &  whole  oi-  in  portion.       As  th&t  pui|jing 
ia  indicated  on  the  chart  exhibit  three- — aa  it  ia  ezhibiiad 
on  the  ttihulation  exhibit  three,      la  atartod  in  here  on  Jaii-\^ 
uary  li>,  1W4,  and  I  took  the  heigjit  of  water  at  that  tiaa,  ^ 

They  had  juet  conxnenced  pimping  iind  I  filed  daily  :.iaaeura- 
oHintB  dui  inf^  that  3raar  and  tho  ooiTosponding  your  up  to  Jtui" 
uary,  1905-— 

Mh,  CHAPMAN:       Q  What  do  you  oian  by  tlie  corrcapondinf;  year? 

A  T^io  following  year.       Did  I  eay  coi  responding      Veil,  I 
romed5or  down  to  Docemher  26,  1904,  when  they  stopped  pu?q[jing, 
and  the  water  flowed  durinin;  thuv    period  down  to  its  lowest 
point. 

Q  Indicated  by  tho  broken  line  on  thia  profile? 

A    Yec.     T^ion  they  stoppad  p^iqpin^  and  the  water  bagvi  to 
roBUQe  its  orevioue  elevation,  althoii^  it  noTor  arriTsd  at 
itc  asma  heif^\t  as  before.        Then  thasa  wella  oo&xuonoed 
puB^pinff  on  Au/i;uBt  l;;i,  1905,  tnd  tho  ame  oonditions  or  thing 
occurred  as  tho  result  of  that  piiqping  and  the  mount  of 
water  flowing:  from  those  two  wells  baoame  leaa  and  lesa, 
as  is  dunonstratad  by  thie  chart.      The  last  is  hare  ia 
NofSi^sr  &,  l'X>5— then  our  assistant  Ur.  Raid  did  not  raaka 
am'  ciore  Mecauruomnts.       There  were  occasional  maaflUTiaantB 
that  va  nade  ourselTee  afterwurdn  which  don*t  show  u  )  this 
chart. 


•  \t 


20 
21 
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MR.  BHITT:     Ve  offer  Uiis  i)lat,  chwrt,  dia^^w  or  profile 
in  evidcmco,   to  b«  narked  na  Tolaintiff's  axhil:iit  sixty.  ^ 

Q    Nyw  A.i .  Purcoll,   !'ro...  yjur  obsenrtitionB  there  wid  the 
study  of  these  meaiurementB,  wl  &t  conolusiun  did  you  deo'uco, 
if  any,  as  to  tho  effect  on  th©  water  dieohaj-gs  fron  the  t-n- 
nel  by  piaapirvs  vella  noruh  of  Baeu  i*ine-— the  erin.  •  oi'  *\.xj.8 
iiioludinf^  t>>u  Haskoli  well  and  wells  nu  iher  two  and  tliree  and 
othors? 

A    There  is  a  direct  sympathy  between  the  two.      T^le  punp- 
inf  of  tho  wells  you  hate  mentioned  and  the  outflow  coroinf^ 
thJ'ou^''^  weirs  nunbar  one  ::nd  two  in  *>r:  Ja^jy  Tunnel. 
Q     Iben  you  say  direct  r   t  j  t^y,  w  .u'«  do  yju  neon? 
A     I  csesn  vrhen  you  wit^/irc..,  water  by  means  of  wells  pt4V*^c^ 
above  BuEe  Line,  you  ai'o  lessen! n.r;  the  flow  from  the  Eady 
tunnel,  end  if  you  stop  it  you  inereAse  it, 
1 16        Q    iBrhy  is  that,  yoiar  opinion? 
17        A    T^ie  faotB  show  it. 

IS        Q  Mo,  what  I  want,   is  the  fact  of  tho  dimimition  of  vator 
1^    dif:  i  from  Uie  twiTiel  produced  by  takinr  water  by  means 

of  puaapinr  froa  tho  wells? 

I    I  would  say  that  tho  pi  japing;  of  wells  roluced  the  entry 
houd,   and  in  that  way  reduces  tho  pressuie  and  diminis}.  w 
23    tho  flow. 

^^       Q    How  is  that  reduction  uf  heed  c^'^o  effocllTO,  tho  wello 
2^   boinf  located  secie  I'JJQ  feet  or  uore  to  the  north  of  the  head 
2^11  of  tho  Eady  tunnel? 

^''  i     A    It  is  jaado  offootivu  by  the  tu3*-iun  uf  the  wutor,  being 
^^1  In  touc);  all  throur<i  thut  1500  feet  more  or  lens. 
^^1      Q  Would  you  know  about  the  hydraulic  fi^ado,   if  my  in  that 


1  r?07 


1 


locality,  batweon  the  well  p.  mrth  of  Bam  Line  and  *.ho  Viei^-ht 
2     of  th«  K«dy  tunnol? 

1    North  of  ^a«*  Line  t^oy  are  M/^w  ^1  an  in  th«  veils  in 
the  Eady  tunnel, 

Q     ABBuning,   as  has  appeared  in  tlv     •vi';  noa  hero,   ^hat. 
pr evioun  to  1904  on  the  east  sidtt  of  the  Bad  Hill  there  was 
aurfaoe  appsarenoes  of  vater  in  Cuoanonfija  Olrook,  f  lowinf^  on 
the  oast  side  to  the  8ienoi:>^B  and  the  T  tinnol — you  know 
where  tbo  Y  tunnol  is  si tutted? 

A    YoD,  I  an  quite  well  acq;  ainted  with  it. 

Q    —that  there  was  a  conaideroblo  Btream  flowinfi;  on  the 
eaat  side  of  the  Bad  Hill,   conBiderable  quantities  of  water 
flowinrr  frori  those  sienegas,  a  Itarf/p  area  of  molBt  land  on 
the  east  sida  of  'vhe  Bad  Hill,  a  so«!Wwhal  axtcneivo  disohargs 
of  water  fion  the  Y  tunnel,   und  assminp;  that  that  water 
?dll  frequently  dry  up  in  the  Creek  and  in  the  sienegas  and 
in  t>^.e  tunnol  on  the  east  side  of  the  Bed  Hill,  end  that  it 
dieap  )earod  after  those  wells  north  of  Base  Line  be/a^ji  to  be 
piR^ad:       in  view  of  the  testimony  whitf-  you  hare  fylTan  here, 
what  is  your  ludpfsent  and  opinion  as  to  tho  effeot  if  any  in 
produoinf;  «uch  diBii^'>aarfinoe  of  water  on  the  east  side  of 
the  Red  Hill  by  tho  abstraction  of  water  by  toaans  of  puapin^ 
fron  the  wells  north  of  Base  Line? 

A    Taking:;  till  thoee  elonentB  inlo  oonai deration,  ond  froa 
my  knowWfjB  of  the  oon''ition  of  thin/pi  there,   end  from  njjf 
own  personal  obsarvjition— - 

MK,  ClfAI^AM:       la  raoie  to  strike  out  that  portion  of  the 
witnens's  answer .      Ve  wont  to  know  what  hie  opinion  .s 
I  founded  on, ^ 


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T^m  OOUliT:   I  think  that  it  ri,*.t.       So  far  a*  it  ia  cov- 
eroc!  by  thw  que ■' ion  hie  opinion  it   all  ri^t;  but  counaol 
aro  entitled  to  know  tho  buoia  of  the  opinion. 

A  I  vould   B&y  thcit  the  puc^inf;  of  thoao  valla  north  of 
B&ee  Lino  vub  one  of  tho  uleraentg  vhich  tended  to  diminish 
that  water. 

Q  For  what  retson? 

A    In  my  invoaiiicrutionsi  and  in  the  ixiftsti^tlona  Itf  my 
aooooiatei  with  me,  whioVi  wo  have  plattad  und  put  in  here 
before  this  oourt  in  exhibit  throe,  it  ebown  a  ayapathy 
between  the  piajjjinr  of  thoee  wells  and  the     oaat  aide, 

Jliv.  QI^BCjG:       I  move  to  otrike  out  thi*'.  part  of  thowitnaaa'a 
teslinony  which  eayo  •and  E^y  aaoociates."        I  thin-s  the 
ojjinion  of  the  v.itncBP  sho^dd  bo  his  own  opinion  and  not  the 
opinion   )f  others, 

mU  BiilT':       I  think  hie  Btftteoont  was  relative  to  obaer- 
Vfetiono  recorded  here. 

TIffi  (X)Ui<T:       Takin^i;  thoee  .i,'>i(  n  rcpoited  by  hiaaclf  and 
others,  asssiming  thone  to  be  facta,  that  it;  whut  he  baaes 
hio  opinion  on. 

mi.  ORKrX}:       If  that  is  BO  I  have  no  objection.     I  thou^;Jit 
he  was  bringing  in  the  opinion  of  aaaooiatos. 

A    I  think  I  referred  to  eodiibit  nniJbsr  three. 

MK.  C;lAP;iAM:       Boforo  you  px^oead,  let  oe  aak  you.     In  tfua 
Itict  opinion  that  you  liavo  expreosed  you  4*re  not  etatinf; 
thut  is  youi*  opinion  fror.-i  the  hynotholionl   question  put  to 
you  by  Ur.  Britt? 

A    It  iu  hard  to  diaaasociate  one  froa  the  othor---your  oan 
personal  knoTfXod^  from  the  opinion  that  you  would  bait  had 


if  you  did  not  have  that  knowlod;^.        But  if  you  went  me  to 
answer- -- 

0    You  ore  adcod  your  opinion  on  a  oortain  Btat«  of  fcote 
given  by  Mr,  Britt,       Ae  I  undorettind  you  j'ou  have  riven  the 
opinion  that  the  piinping  of  wells  did  have  some  effect  on  the 
•aot  side,  hut  you  don't  haae  it  on  the  hypotlietical  .(Uco^ion 
but  do  on  your  personal  kno-vledf^e  wid  personal  inve8ti/?;ations 
in  those  dirootions, 

A    I  don't  think  m    answer  would  hardly  bear  that  oonstiiAC- 
tion. 

Mh,  CHAPSJAll:       The  witness  introfjuoed  a  particularly  gener- 
al sw^opinp;  asaorl/ion  thtiv  inoludua  his  pttraonai  knowl«Ki^ 
end  his  pcrsontil  investipt.tion,  which  we  know  nothing  about 
and  don't  know  what  the  facts  sro  in  his  mind  thut  really 
rovern  his  opinion. 

TUi  COURT:  Your  opinion  is  called  for  based  on  the  data 
in  exhibit  tliree,  The  raere  fact  thai  you  did  sosMtliinr  in 
takinr  those  raeaff.raaonts  cuts  no  firure.  It  would  be  the 
seme  if  it  wuo  taken  by  somebody  independent  fi-om  yourself. 
But  uasurainf*:  those  matters  to  be  faotr,  what  is  your  o^iinion? 

A    Uy  opinion  is  that  the  pumjinf^  of  those  wells  north  of 
Base  Line  is  one  of  the  prime  factors  that  tonds  to  moke  the 
water  dioq^pocjr  on  the  east  side. 

UR,  BrOLTT:       Q    I  woul     like  to  know  the  reason  why  you 
think  the  pia^ing  there  affects  the  appearance  of  water  lowor 
down  in  the  doprossion  and  at  Ouo6monf;a  (Jreok. 

A     I  don*t  think  I  exactly  "ot  that, 

Q     Wh;;  does  the  pvBq)inr  of  Trator  in  the  Haskell  well,    *.hiit    y 
simply,  affect  the  water  m  u;u  aionop^s  or  in  the  Cuc»no-.;a 


/ 


IMP 

Creok  or  on  the  •ttst  tide  of  fho  Hod  Hill? 

A    Yor  the  B«ae  reason  as  it  does  in  the  Ssdy  tunnel.       It 
wt.B  lowered  further  down  and  reduced  the  htad  and  thsreforo 
reduced  the  diBCharf^, 

Q    How  is  the  reduction  of  head  in  the  uppw  looeliiy  ««d« 
operative  in  tho  lower  loculity? 

A    Bcoauoe  it  brin/7;n  tho  saturutod  pluin  bolow  ths  pritious 
point  of  exit,      Tho  water  docn  not  discherir?)  there  ary  noro, 

C    Gould  there  be  any  syjipath}'  of  tho  water,  b>t— n  the 
water  in  the  one  locality  and  r-he  othor  unloos  there  was 
some  oontaot  or  weans  of  tronimittinf;  the  preesure? 

^     Tliere  oould  not, 

Q    What  is  your  view  of  the  oontinuity  of  undor,'To<ind  water 
there  if  vny? 

A    T'C  urAwrr^V'Tid  wator  ic  in  continuous  toi.c;    t-ll  the 

way  through, 

C  What  is  youi^  vie^r  as  to  the  pemeahility  of  tho  ciaterial 
h«tw©c»n  the  Btrinff;  of  wells  north  of  ?aso  Line  vid  that  where 
tho  CuoiooiMja  8prinf?B  sppeared,  so  as  to  psrmit  tho  movement 
of  water? 

A  I  wuld  say  th^t  there  was  a  fre<j  psrmekbility  that 
enabled  th«  waisr  to  flow  down  in  that  direction  witli  prob- 
ably more  facility  than  it  would  in  aiy  other  direction 
except  the  west  sido--- 


l!-M1 


Q.  VT'  at  1b  your  vieir  as  to  the  ■irailarjity  betvtien  the  oaat 
and  woot  aide  of  the  Red  'ill—  the  deprioeiona,  I  moan, 
eect  aiui  wjat  of  t)\e  Red  '^ili,  both  on  M;o  aurfate  anc 
und on/rouiui ,  bo  ffr  as  ^hat  ainilarity  roiatoB  to     tro  uixler- 
f^round  vntor  in  the  neif^iborhooa  of  the   utr  ng  of  veils 
north  of  Bttoe  Line,  and  th  t  aatt  and  weal  of  the  Red    'ill? 

A.  Tlio  coTKlitionB  are  almost  identical  on  bo  h  Sides  as  to 
elevation  of  the  ourfata  of  vhe  ,5ri>uiid,  and  1  ata  of  \)ij 
opinion  that  the  Baterial  is  Biiiilar  in  &11  ra^^acts. 

Q,  Tlon,  if  I  undoratand  >x>u,     your  vi< ./  is  rubatfcnti&lly 
t>iat   tiiorc  is  an  arcuauJation  of  ?;at  •    in  Uat  Iccal  ty 
vrhi(h  nouth  of  the  atring  of  wells  north  of  Base  Lxne, 
punujoci  by  t  e  San  Antonio  Water  CoBq)any,     forkii  at  the 
Rod  Hill? 

K,  Tho  ^^roator  penatability  of  contiitionn  fortes  witli  the 
Hod  Fill,  and     the  wost  aide  channel  end   Xho  east  side 
channel  am  more  pemeable  thar   any  portion  of  *^'    t-rriV 
tory  tlioro.  Thorefcre,  the  accumulation-^  wauts;    xn  -  u 
noir  borhood  of  those  wells  would  be     drairie     off  throu^ 
t  at  direction,  eit^ .er  the  east  c^iamiel  or  the  wost  diannol, 
with  ,'jsatur  facility  than  any  ot)ior  place 

Q,  ?  oa  your  exaninfttion  of  the  conditions  to  which  you 
hate  toBtifiori  here,  what  is  your  Tiaw  as  to     the  origin 
of  the  tmter  api'Oaring  in  tiio  Cuoamonga  Spruv;a  or  which 
formerly  ap.)oan)d  in  Uie  CucBMomtga  Spring,  relative  to 
tho    ater  alied  of  Cucanono  Creek  ann  the  adjacent  mountain 
ahod?  la  thurc<  any  conr  oction  between  then? 

hm  Ihoro  is  a  diroct  conr.ection  be  two.  n  the  run-4f  f  from  that 
water  a^ied  when  it  debouchea  on  to  the  g(  arels  balow,  und 


I-M2 

and  tho  raina  on  thoae  ^avela  irv:?  diataly,  are  abaorbed, 
and  tond  to  percolate  and  oose  anu  sti-.p  in  a  southerly 
diroction  till  tney  c-ot  oown  to  arde  tho  Red  Hiii  «hor- 
there  ia  aoiaewhat  of  a  chant^o  of   :rade,  naking  the  ToXocity 
slower,  and  it  makes  an  accmulation. 

Q.  What  do  you  think  about  U)c  effect  ui    u.-j  Stowali  «jxi, 
for  insta  ce,  which  disc'mr/:oB  into  the  Kady  'iVnnel,  the 
iiat'  r  in  i.h©  same  rising  f ro-i  a  doptf:  of  sontj  stiTtirRl  nun- 
drod  fo<  t  (I  believe  above  dOO  foet)eLQd     -«  Tolu/ao  of 
water  probably  originally  100  inc^  -j;^.  or  bo,—  *'at     do 
you  t/ink  voula  be  the  effect,  if  any,  of  sue    a  woli  ae 
th&t  (you  have  stated  t>iat  you  know  what  its  locality  is) 
on  tho  surface  n»nife stations  of  water  oaet  of   the  H'-jc  Hill, 
t>"f>  cret)k,  tho  ciensjBgas  and  the  Y  Tu.  ncl? 

A,   lo  is  rjy  o.iinion  that  well  no.  4,  kno^n  ^l  Vav  Stowr;li 
well,  has  a  tondoncy  -o  r  duce  tho  amounts  of    ater  a,;year- 
irig  on  the  surface  of  the  eaet  side  c'annal  at  well  as  the 
west  sidu. 

Q.  ForWlai  reeaonu? 

A.   It  rotiucoB  V'.ti  plane  of  saturation  and   the  elevation 
of  it,  quickena  the  it^rade  and  gives  a  fru.  r  dischjirge, 
arid  by  that  nea..B  it  sure  ods  in  lowering  the  water. 

0.  Wat  do  you  U.ink  abuut  v.u  tv  f«ct  of  fell  No.  14  at 
tbs  batuD  of  ti  •  Sady  Tunnel  #iich,  according  to  to  &vi(  ence, 
discharf'^s  a  good  deal  ucre  water  tJian  the  8tow«il  v«}il? 

A.   It  would  be  in  proi^rtion  to    he  sue  of  tt  e  w«>ll  and 
tho  iij;reater  depth.  Tne  nfoll  ia  If)  inchoti,  reuuc.ed    -^    12, 
as  :^r.  St^well  testif ijd,  an'    also  well  no.  ^^  ia  7  inches, 
eonsoqucntly,     ...  dana^^  done  by  w  11  no.  1-;  aould,  I  presusw. 


<  > 

1 


8 

y 

10 

11 

12 

/  13 

*-^ 
5.1  15 

9  <  ui 

r  16 

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18 
)9 
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23 
24 
25 
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be  Tery  auch  ^T«a*er  than  that  dona  hy  wall  No.  4. 

Q  In  idiat  way  doaa  ouch  an  abatr&ction  of  water  in  that 
local ty  operate  to  reauce  the  water  on  Ui*  ebit  aic  a  of  the 
bill? 

A    By  reducin*5  the  ,:«erai  plane  of  aaturatiun  north  of 
the  Red     ill;     und    here  may  be  a  i^oo^ible  percolation  eion 
under  that  Red  'ill,  and  I  am  not  prepared  to  eay  there  ia 
not# 

liiK  '-oU'/S:       Q  la  there  a  crown  of  epiiaja  around  the  Had 
ill? 

A     On  the  toutherly  aide  just  ^oiow  tiie  auadt.       That  taa^- 
cozae  froti  a  hi^er  eource,  ^Jid  there  cmy  be  a  cioaer  strata 
i^ieh  would  not  ahow  a  connection,  and  there  may  be  a  looser 
atmt    beictv  that  again.      Th' t  ia  -l^&t  taade  me  nmke  that 
reBorvation  in  ny  answer. 

l[r\  B^<ITT:       Q     iihat  ia    he  effect  of  tapping  any  water 
be?irim:  atratuia  on  t}:>j  rapidity  of  the  nioveoent  of  .ater? 

A    It  ^i'voti  a  froer  vent  md  generally  cleara  out  a  ^r^uod 
deal  of  the  silt  in  the  interaticee  below  and  enables  the 
water  U>  corae  out  in  a  larp;ar  acioimt  tiian  psissed  throu^  p  e- 
▼ioualy  under  "he  actJ.on  of  nature. 

Q    Ihat  ia  *  he  effect  of  borin";  or  ainkiar,  a  well  into 
wator  be/irin^  strata  fro.j  which  the  water  diachargea  thru^  ';h 
tliat  wall,  on  the  hydraulic  plane  in  tho  iauediate  neighbor- 
hood of  the  woll? 

A    It  will  undoubtedly  lower  iti     but  tho  SKact  aiatance  it 
will  lover  it  to  depend  a  on  the  porosity  of  tho  oMiteri  1. 
In  s-nie  cases  I  have  in  riind,  and  it  has  coue  under  ^  per* 
sonal  obaenration,  that  it  hsts  be«i  quite  a  distance;     ana  if 
li   IB  rar!v.-r  (  i  oae  so  \\viZ  t'le  volocit.    .S 


I '31 4 


undur  Tound  flow  is  alow,   th«  effect  will  not  be  felt  i 

diatoly  or  with  auch  r.pidity  aa  i?.ere  the  porosity  ii  ^eat, 
and  coneeqiiently  It  nit^t  not  ho  ■Li;>t>oiod  thet  it  didn't 
affect  it  to  any  ':reat  extent.       But  in  reality  I  think  the 
effect  of  borin-:  all  thoee  wellt  ie  detrimental  to  a  Tery 
':qriMLt  dietance, 

Q     You  think   it  oxtonda  to  the  Cucamonga  SpriniK;8? 

A     I  am  of  that  opinion.     Frora  tie  evidence  in  t^iis  oase 
it  extf»nda  to  the  rucaiaonr^a  Spria^^a, 

Q    I  Cfill  your  ;itt«ntion  to  thin  tabulation,   exhibit  11. 
I  #ill  aak  y-u  firat  if  y  -u  are  acquainted  with  V  •<  location 
of  Hellraan  well  No.  iJ? 

A    Yeo  sir,   I  an  familiar  with  it.     It  le  the  ^op  of  ^Jie 
woBt  aide,  or  the  top  of  t>«  w«oK  fn-k  of  the  Y  tunnel. 

Q    ArtoaiiJi  well  Jlo.  2? 

A     That  ia  on  the  west  sir:e,  and  ebout  thirty  fe«t  in  ele- 
vation above  it,  and  easterly  <'f  thoae  shAfto  ffhere  the 
No.  4  and  4*A  woira  are. 

Q    You  Bay  it  ia  on  ti^ie  wwa^  aide  of    h;*t? 

A     On  the  weat  tire  of  tVfl  Red    'ill.       It  chowB  hore  on 
the  face  of  eid^.ihit  V.o,  1,       It  la  pretty  well  on  the  line 
of  whiit  ia  known  aa  the  VO-acr"  trKct — on  the  north  line— - 
and  [xretty  near  t>  o  censor  of  it. 

Q     The  Hvidenre  tonre    x  ahov/     ero  t- i.t  those  >ellB  north 
of  Baae  Lino— -the  San  Ant>onio  Cook  .any 'a   striric  of  vella — 
was  not  pumped  Itiat  year  (the  a^non  of  1907)  until   naa 
tiiBS  in  Septeober,  and  U^at  then  idbw  of  thoae  wella  w«ra 
piiBped,  aa  indicated  on  i>laintiff«e  eihihit  11,  ^r\d  the 
fi(.>ireo  on  thia  exhibit  11  shew  that  tlmoat  isiaed lately  on 


'-  x) 


the  pujapir\':  of  thoae  wells  t)ie  f  ei''".!  of  the  water  in  the 
iiollwn  *«»11  No,  2  and  also  in  the  Artesian  well  ^o,  2  hoF^an 
to  doclino  snci  die*  decline.       Ih&t  if  any  indication  does 
that  offer  to  yoii  of  an-  effect  or  any  relation  of  cause  and 
effect,  takon  into  consideration  with  V  r.  t.opograp;y  of  t.hs 
country  »ind  the  undtr^und  conditions  wjiicn  you  have  already 
described? 

A     It  ahcv/a  a  direct  sy/n  *ithy  between  tVe  water  jAinqjed  frcn 
those  v/ellu-— 

MK.  CMAPfl^.N:       What  r.olls  nowt 

A     Ton  v^elle  '-^e.ntioned  in  *  is  qt»8tir>n.       I  ^n  makinti  q>' 
answer  to  corroopond  with  the  question.       I     on  the  Haiksll 
well  and  thoao  nor^h,  and  the  Mellnian  well  No,  2.       I  v^ould 
liko  to  fltatn  '  nro  ^^  *  v^ater  beint^  :.ractic«lly  an  indostruct- 
iVle  fluid,   iL  xs  ir    '.ourr.  41  throu-h  where  it  is  on  a  con- 
tinuous line — -it  in  in  syta.  athy  oil  the  way  throiija^  whore 
;t  is  in  touch,  and  anj^thin,-  dmr  en  one  end  of  it  is  quickly 
felt  at    .;;o  other  one.      Conso.iujntiy,  if  you  abstract  the 
water  fron  the  hirh«r  portion  by  pum.in^'^  the  wells  yr-u  find 
Tery  cfiickly  a  subuidence  of  the  water  at  tho  lowor  end, 

Q     I  nov;  call  your  attention  to  tho  (ircujost^nco  of  the 
subsideinct  of  the  water  ii\  tho  HoIIbuji  well  No,  2,  which  is 
on  t>e  east  aids  of  tho  Rftd  Vill,  and  in  what  we  rail  the 
Cucnraun  a  Springs  here;     that  occurred  siiaaltaneouBly  with 
the  subsidence  of  v/ater  in  Artesian  well  No,  2,  w).ich  is  on 
tho     est  aide,     8tnta  -^rhet^or  thd  tends  to  indicate  any 
connection  })et»»een  the  water  on     '  o  two  slri^s  of  tho  Rod  Hiii, 

A    Yob  sir,      T)ie  sane  rsasons  in  irty  last  Diniwor  v/ould 
show  thfit  they  are  in  direct  sym^jathy  arii   in  dirctt  Louch 


t    -      u 

all  the  vay  t^irouglh*      It  is  ^practically  the  sane  vrater. 

Q  Referring  again  to  oxliibit  11,  I  vili  aak  you  ajj^uin  whan 
Uie  pumping  ceaotid  north  of  Base  Line  then  t  e  water  roae 

a^nin  in  Hellauin  well  No*  2  and  Arteaian  well  No*  2.       Duea 
t)iat  circuoBtance  afford  any  corroboration  of  the  fact  you 
Btated  a  m<>ry^n<   n  't>*> 

A  If  lay  opinion  aa  atatod  a  noQ^r.t  u  ;o  is  correct,  it  la 
exactly  *rtuit  would  occur;  and  if  it  did  occur  X  cuid  feel 
more  fi?Ti  in  tl.at  opinion, 

Q    State  if  you  }mvo  rande  &ny  axainiiAtion  of  ti':i8  exiabi;. 
threo  wiUi  reference  to  oertBuremBntB  on  Artesian  well  No,  2 
and  tho  HollctJi     oil  No,  £,  and  the  correai^ orrior.ro  or  mtner 
the   rolation  of  Uio  /ieo  t-nd  fall  of  tiiu  wutor  m  tnooo  two 
A'olls  to  tho  puniijing  of  water  from  tJ-io  Sui  Antonio  ('oapany*B 
wells  ?iorth  of  Base  Line? 

A    Yob;     I  have  uado  audi  obaervationa. 

Q    State  now  whetlvsr  the  reauit  of  your  axauination  of     U""^ 
tiie  data   ahcwn  on  thie  exhibit  threo   ia  ^rrajhically  illuB- 
tr:  ted  in  this  exhibiL  5c,  aru.  aUki.e  ::o.>  una  m  c.i^u  ;.         r. 

A    Ye£>.       This  iS  a  graphical  |>ortroy&l  of  the  data  in 
plaintiff':-.   («:  ibit  Ihr^.-e.         It  ^owa  tho  effect  en  tl-icne 
two  vellB  ir.  rxuin^  or  xOMurin^j  of  water  accorai:^  an  thoae 
well 8  abovo  Baao  Line  are  pumputi  or  not  ^)UB|^ed. 

Q     I     ould  like  you  to  deitrribe  wlwit  you  it>n. 

A     N('r;  m  t- m  ojdiii^^it  36,  made  from  M^e  LB^aurjotoaha  uf 
lieaars.  Porcell,  Wri/t^t,  Koehig,  Tr  ak,  ilarah  and  Reid,  and 
all  of  -^hich  a-TDcara  on  ,  Inintiffa  3iJiibit  Uirae,   it  7?ili 
bo  founci  V.   w  uB  ui-ui  Lti  Lao  vella  of  the  aefe^iu^no  (or,  we 
will  aay,  tl^e  walla  north  of  Raae  Line)  are  punpad,  that 


S     - 


tJiora  is  &  BuhBidenre  of  the  water  in  both  those  walls,  this 

heirX^  Artoaian  «eii  No,  2  kt  tho  top  of  this  ejdiibit,  and 

]f«llrv;n  well  No,  2  at  the  tOttoia.       And  when  tho  sourco  *iiAch 

we  ceil  1  the  Sen  Antonio  Water  Cou^Any's  .i^olls  ato^^imc  piuap- 

iii^  in  January,  1901),   Uio  water  bag  n  to  ruisa  ivosdiateiy, 
vory  r  ..idly  until  it  found  its  hi  hest  :;oint  on  May  11, 

1905,       Thon  Viero  was  no*  dvrin'/  the  next  thr  o    ays  any 

observutiorjfi  ii&do,  owiij^^  ^  i;  u  death  of  a  near  relative  of 

Vjr.  Raid,  and  thare  was  a  ouddon  drop  in  that  well,  which  I 

iccaint  for  by  the  fact  Uiat  'he  well  is  about  500  foot 

dod}),  &o  I  ar.  infox-med,  ond   it  is  cut  in  many  places  to  let 

tl  &   vator  in.       Duriru^  the  seasons  of  the  dry  years,  whan  it 

was  lo  ■;,  the  strata  bein,j:  dry,  these  silts  were  probtbly 

tacked  ti -^  tly  so  that  tlic  water  didn*',  -^et  throU'ti  th  caii. 

As  soon  as  it    -o*.  to  such  a  height  -nd  sucli  flows  having 

tlioroiv^ly  saturated  tliese  little  obstructions  and  forcod 

t}ien  out,  and  it  went  xntu  the  sui-roundin^ji  dry  strata  and 

ccntinued  to  wet  feai,  as  evidenced  by  subsequent  elevfitions 

w}iich  r;ioi  ntained  ^^enselves  protty  well  at  tho  sane  hei  }:t, 

until  wo  couo  to  Au  ^ist  l.;,  190'',  w^^on  ^Ve  StJi  Antonio  wells 

corrior^ced  to  pump  a^in,     T  on  it  ( om-oncec    3^.ti\dily  to  /^o 

do/n,   und  at  th^  date  of  November  7,  1V05,    ^  l n  t)  oy  ceased 

i^uianing  t}io  olevitions  in  '  (--^'f^  these  whIIs  iimediatnly  '  ■  •'- 

monced  to  cojjjo  up  a^^nin,  alt-  ou,-^  t'ey  never  in  either  oi 

thoin  reac"  ed  t'.e  at  olevation  nith  which  we  started. 

We  sto 'jjed  our  caeasur-ments  then  and  ^^  "  ave  a  gap  t'  ere, 

aftor  Which  thare  in  u  rio  vnfonn.'ition  v  at  we  obtcinod  in 

the  year  1907    hifh  ;,howu  ty^  t  t.}.©  water  had  continued  to 

riao  until  it  hf.d  almost  rrrs:  up  to  i*iero  it  had  originally 

started  froa,  ourm:    'Mcu  tiioe  t.'.ere  was  no  puapini^  to  any 


r'Twt.  Amount  done, 

Q    "Shon  there  vas  any  pumpin    done-— 

A    Thero  wae  a  little  puia  in  -  riono  in  October  nnd  in  the 
latter  part  of  September,  1907,  and  irtr^diatuiy  ti;en)  was  a 
Bo/j;  t)ien  vihich,  w  en  the  |>uinjt  8tO;V«cl  on  the  15th  of  October 
(an  unlucky  day)  it  corvonced  to  cone  up  til'    it  reached  ita 
hi-^ieet  point  «t  ebout  the  SOtli  of  Kovonber,  hnd   ^lien  vella 
No,  2,  4  rind  8  were  pun  ing;     but  juat  when  they  ccnfienced 
*^o  do  not  know.     And  on  December  8  there  is  o  sai*  there  aho;- 
ing  the  ef facta  of  tho  pum  in/;. 

0     Sa^s  in  what? 

A     In  tl  o  Burfuce  line  of  tJio  water  of  "alLjan  «ell  No,  2 
and  Artcaian  v/q11  No.  2. 

Q  If  thoro  ip.  vuch  a  conrwction  iy>t  mrn  ■'hr.  puoi^^ing  of 
the  wella  of  tb©  defondant  and  the  two  weiia  to  *hich  your 
attention  aa  boon  di  roc  tod  in  thoat*  luat  fat;  ^ueationa- — 
the  Mel  loan  well  Mo,  2  and  tho  Artnsim  well  No.  2 — atr.'o 
K^iether  thoro  is  any  reaaon  tv  su^iyCro  *.  t  wiero  la  nsi-t  a 
aimilar  connection  betwcan  t!.©  inm^  ^  "  U.ti  '?rclla  of  tho 
defendant  norUi  of  Baae  Line  ?  nd  tho  water  ahich  apjjeara  by 
naturci  in  the  Cucjimcn,  >  Sprin^<;E,   including;  uic  cr^ek  /bnd 

aiene^^  a. 

A    T)e   inference   ^oiilri  ho  tYjx'.  there  in  such   'in  exactly 

aimile.r  connection, 

C:'K)SS  KAMINATI   '  . 

MH,  f'^'AWAM:     0     I  T:nriirstoixi  yiu  to   aay  that  you  had  been 
oakin;  au  .c   inv^BX.itj'-^'^^^  ^^  ^^■■'    ^^  auraoenta  in  comon 
»ith  )'\r,  V'ri't^t? 

A.     In  U  ia  locality? 


!    ■-  ^  9 

Q    Yob. 

A    Ygb  sir,  t?ith  Mr.  Wri ^t  and  Mr    Koobi^. 

Q    Ifhat  rir;ht  did  you  refer  to? 

A     K.  T. 

Q     The  hydraulic  eminrtor? 

A    Yoa  air;     a  well  kno  n  anineer  of  Loe  An<*oio8. 

Q    trnkxAay^fiMMyiami.    And  t  e  sajne    -oDtleuari   v  u  ^laa  been 
on  th'i  witneaa  at  nd  here? 

A    Yea  air. 

Q    Wien  w«ra  thoa©  inT08tif.7:Uon8  raade  Yy  you  m  conjunc- 
tion with  Mr.  /.ri^it? 

A    Soiao  tide  in  the  a  ria;  of  1904  we  corv  encod  on  them  and 

%'0  continiiod  thoci,   I  rd  't  any,  up  to  d:t«j. 

Q    U^.  ^c  a  int  date? 

A    Up  to  a  few  daya  befor-e  coming  into  thia  court, 

0       aH  he   vith  vou  dur.155  all  theso  flOMmiraMona  and   in- 
voati^atiuna  v.u.x  ycu  aora  ijakii\j  ui  um  j&bw  1904  md  5? 

A    Pratty  nearly  ao.       Tliero  cwlj  ^Ave  boon  a  dgjf  or  ao 
that  ho  wna  not,  but  I  don't  call  it  tc  nind. 

Q      hoi  you  were  nakin^;  iiioae  xrivoati^-Lxona  in  1904  and 
5,  w'io  waa  tiJcin^^  the  obaonrationa  ^nd  levola  at  the  Tarioua 
wolla  •  r,d   obaervirv*  the  inoin  in;^ 

A  Dunnf^  uio  Uiau  we  ore  u^j  -jure  ^raona-.  ly  1  took  thotQ 
cTv^ae-f ,  and  ny  aaaoci&toa  Mr.  fri  t^t  azkl  Vr.  ICoeVig,  and  our 
aaaiatfljit  Mr.  Haid  alac  took  t*  em. 

Q    Wort!  you  tiiero  evof_y  uuj'  uuiiti^^  u.ao  i^ine? 

A    No,  but  kr.  Raid  wua. 

Q     About  b.ow  ciany  duya  were  you  on  the  ground? 

A    I  iiavo  noTor  counted.       1     ave  the  different  taaaaure- 
menta  and  dataa  and  evorything. 


i 


t 


r^lt 


Q    But  you  don*t  knout  about  how  many  timoB  7 

A    No,  I  nev«r  imdo  ajiy  count  of     t. 

Q     Ihi'X  mis  Mr.  lieid'tt  function  in  that  inveatit^Aion? 

A    To  carry  out  our  inatioictioni, 

Q     iliut  inatructiona  did  Ve  have  frori  you? 

A     To  rasaaure  Uxq  saiai  piacea  that  wa  toba^uj-ea,   to  record 
them  and  report  to  laa  muckiy, 

Q     iSeiBurd  #-at? 

A     Tlio  flovfl  over  the  woira  t.u-l  .ve  had  oiusurod  ourselvea, 
and  indicated  to  '.iia,  tiio  depth  of  Artuaiun  well  No.  2  and 
HollfiBin  well  No,  ?.,  and  ny.ke    >  •?  >okly  report  aa  to  the  re- 
sults of  his  inv  )BU,;;utionB. 

Q     Wiat  weir  was  he  cieiiSuring? 

A     All  the  weirs  on  tv,<^  veat  si'  e,  the  weirs  on  t)>e  ee^at 
side,  t}  e  v'eira  jf  Uio  walls  above  Base  Line* 

Q     Did  itt»  iueaaare  ovor  the  weira  in  *Jm  tunnel? 

A    He  rasasured  over  t)j6  weirs  in  tunnel  No,  2. 

Q     How  B«u»y  wore  there? 

A    Nu:nber  one  '.xnd  two, 

Q    Were  t  oy  cloae  toi^ethcr? 

A    Yen  sir;     in  Uio  mouth  of  iho  tunf.ci. 

Q     Did  he  r«?»surG  ov«.r  buWi  weira? 

A    X  I'reiNUBe  ao.     His  notaa  shew  it.        T^iey  are  hare  in 
ex)  lib  it  No»  b. 

Q    And  all  of  his  ifltasurtHients  are  on  exhibit  No,  5? 

A    Yes  sir.     That  I  kn:    ,  because  I  > ave  checked  them  over 
Qiysolf , 

Q    'Wbioro  were  thoae  two  wain  that  yv,u  apeciL  of — woira 
one  and  two? 


A    Juat  noi>  they  are-— 

Q    I  msan  t)  on? 

A    At  tluxt  tirat-  they  wore  in  the  mouth  of  the  Kady  tunnel. 

Q    Were  t-  ey  aide  hy  aide? 

A    Nc,       There  w&s  on^'     eir  back  about  fifty  foot. 
Q    'What  dici  those  two  woirs  rjeftsure?    fhat  water? 

A    AJ.i  the  water  that  case  throu^^  thio  Kady  tunnel, 

Q    'fiihj.t  di    No,  1  measure  different  froc  what  No,  2  neaaur- 
ed? 

A     I  only  know  th- 1  ly  hearsay,       I  have  nn  aured  V-e  vsira. 
T  ey  L^aauro  wator  comin,a;  out  of  tru.  ivady  tunnel. 

Q    Did  it  tiike  Iho  as. sure  of  h^oth  of  thoae     eira  to  give 
tliO  ana  total? 

A     It  look  tho  t.'0  'jreirB  to  /?;ive  t  e  outi  Uo<.i. 

Q     \nd  weir  .^lo,  1  lae  aured  wliat? 

A    Tlfio  w&ter  conizyz;  from  t.;e  iiady  tunnel,  diverted  at  ^lat 
.jOint. 

A 

Q    And  weir  No,  2? 

A    Tho  water  eoning  frow  the  Kady  tunnel  diverted  at  thfit 
point, 

Q    ^y  ware  the  ^wo  ae  pa  rate? 

A     One  utxe  tnkeri  out  before  it  Cbtm  to  the  other. 

Q    Which  one  took  it  out  before  it  caae  to  the  ow.er? 

A     Weir  No.  1  took  water  before  weir  No,  2, 

Q     Which  ont)  of  thoaa  woira  belor^od  to  the  CuoAonga  Water 
Coiqjany? 

A     I  only  knew  hy  hearsay, 

Q    Which  one  din  you  underat-iiid   belon  eo  to  tho  Cucajaon  a 
Water  Cai^any? 


A    I  think  the  one  of  t'  o  CucaioQgK  Wator  C0Qi|jany"'- 

Mri.  bi^ITT:       fe  object  lu  \.:axt,      I  don't  ^hink  it  i.« 
material,  atid  <^o    ave  actual  ^roof  of  it  horo. 

T'  A  CCAJi^T:       l>io  ffitnesa  can  a.ocify  vr'iaro  the  aaaBuroaant 
w<i8  t.keai. 

Q    Do  you  knc.  w<;at  watera  thosa  t^ro  wairs  waro  au^  oaod 
to  rwaauro? 

A     1*'     aa  not   .;art  of  uy  ap^wyi^nt  t^   tioct;x'i,c.x.-i  m..er9 
those  watora  went  to.       All  I  Vjiow  ia  b>'  hearsay. 

Q     Do  y  u  know  tiiat  there  waa  another  weir  hi  her  u.)  in 
thrt     unricl? 

A     Yea  air. 

Q    Do  you  kno     to  ihom  that  weir    balon.-adT 

A    Of  riy  own  peraonal  km  ^led;o  I  do  not. 

Q    Do  ytju  knof   tliat  one  of  tlioae  weira  waa  intandad  to 
{HAaaura  tj.e  water  into  that  tunnel  frou  out  aide  of  the  90* 
acre  tract?     and  the  ot  iier  the  watera  t}\at  cum»  ^Wu^  Uae 
tunnel  froi;  watera  irj  the  S^O-acre  tract? 

A     I  uay  i  ave  haaro  ao. 

Q    Did  you  ^a,y  any  attention  to  that  fact  in  the  meKBure- 
mont  and  in  forming  your  o^jinion? 

A    No. 

Q    To  ..lat  extent  dia  t^e  water  of  that  tunnel  fall  off 
during  the  proceaa  of  pumicing  thaae  wella  during  that  aaaaon 
of  1V04  and  5? 

A    January  21,  1904,  which  ia  fir  at  oentioned  on  ti-iia 
plat  and  on  arhibit  No.  '6,  ^f)  inchaa,  after  which  the  wella 
wore  pvinft)©d-— 

Q    laa  that  iia  aaount  of  water  flowii^  in  that  tunnel? 


I 


1 

2 
3 

4 

5 
6 
7 

8 

y 

10 

11 

12 
13 


f  y- 


a  -.  s  lo 

-i  'J  3 


16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


A     That,  is  t)  e  araount  of  water  flowirv:  OTer  woir»  one  and 
t»fO.     On  Jpjiuary  fith,  1906,  ir  an  they  eto  pod  pumpia;  aftor  a 
^eriod  of  continuoujs  fron  V  e  former  date,  t>j6re  waB  171,^« 

Q    kitk      A    difference  of  «>iat' 

A    About  184  indies. 

0    Cnit  of  a  eupi  t^tt'l  of  3r)r>  Inchei,      That  wae  frcn 
Juniviry,  1904,  to  January  1905.       Did  ycu  tka  any  ^Ains  to 
aBcertirt   'jhothor  the  f^eator  |«rt  of  that  falling;  off  imd 
tfiken  place  in  ^Jie  waters  th.t  c/ma  into  t  at  tunnel  froa 
outside  of  the  90-acr8  tract  or  inside? 

A    Te  i/aters  which  cane  iron  inside,  as  ahoum  by  th<:  evi- 
dence introrucod  before  thii  court  amcunted  to  from  tan  to 
eif^toon  in'hes.       Therefore  ^he  larj^r  j^ortlon  of  the  water 
must  have  come  froa  out oi fie  of  the  90-acre  tract. 

0    You  toll  T.)o  -.v'lat  ihti  avidonce  in  ti-is  case  shows. 
But  I  usk  you  if  yuu  took  any     ains  youreelf  to  ascertain. 

A     I  couldn't  do    it,  hocause  t>.e  .>ater  was  all  rain,_;led. 

There  was  no  differante  of     ppeciranca  in  the  water  north  of 

the  90-acre  tract  from  the  ot  er. 

Q     Tnem  was  a     eir  in  that  tunnel  for     '  e  diviaion  line 

and 
between  t];c  .vatere  t)Ktt  cone  fron  U^e  90-acro  tract  from 

outside  ? 

A    rr^ere  was  what  is  called  the  oeoemi.   a^iaft.     Is  that 
#at  you  allude  t^? 

Q  Yes.  You  didn't  naks  any  rnoosurements  in  t>iare  for 
the  jiUrpOBo  of  ascertaining  the  fluctuations  of  the  water 
coain^-;  frora  the  outside  of  the  ^0-acre  tract? 

A    We  oade  some  neafuronents,  but  not  constant  msaiureuents, 
because,  if  I  romeai^er  rightly,  the  San  Antonio  Coc^any  did 


n't  allovr  ub,  aJid  we  had  a  ihaft  aociai^t  eouth  of  it  and  on 
the  90-acr«  tract  a  few  hundred  foat  south  of  U-.at,  that  jaTe 
»u  atrintiaily  t'.a  aanB  infonation, 

Q     Did  you  noto  th&t  on  exhiVit  lhr«to  or  in  ►ilevon? 

A    Yea  sir. 

Q    Th&t  exhibit  ahowa  ti^.e  raeaaurementa  at  both  plecaa? 

A    Yes  air. 


Q    Fron  wi'at  part  of  t-  o  arid 
ijfttion  t}    t  th")  wator   '"ror,  t.l  "r- 


ueixve  \h€)   infor- 
<  .  ill  t  at  tunnel 


i&  only  olovon  inci:eB? 

A    Mr,  Stcwell  tcntified  hero  t^^rt  it  van  eU^fit^on  inches, 
if  I  romenh«r  ro»-roctly,  onr    I  think  Mr.  SJuvaUc  Wri/Jit  in 
8or.ie  of  "•  m   iu:'Ui.tvtionB  and  ri,'.>ireB  ahowed  it. 

Q    "Shit  do  your  fi:7jr9a  for  thoco  twc  weira  durin>;.  tl;at 
eriod  glow? 


A    T 


..  ;0W    th'.t    *.    'JD 


4  ^  . 


^-utu^  ed--- 


Q    I  mean  about  tho  quantxt^ea  of  water  flcwin  -  froi    maide 
of  the  90-acre  tract  and  that  outside.  Doea  it  a^iow  any 

Buth  di8prO|>orticn  as  tha*? 

A     I  don't  oxactly  gdt  your  quegti<?n. 

Q    There  are  *  'O  weira  that  you  were  me  .Burint;  ^11  the  time, 
you  or  Mr.  iteid,  weira  No.  one  -nd  \-  '-'* 

A    Yea,     And  tl^en  we  laeaeured  No.  4  «nd  4-A,  which  was  m 
tliat  Bhaft. 

Q    Y/hfit  neiBurucionta  hav  j    '  <    Vi'-n  talking  ti>out  here  w)ien 
you  were  ahowin;;  ua  the  totr.  i  output  of  Uiat  tunnel  in 
January,   1904,  as  compared  with  what  it  waB  in  l^Of)? 

A    Thoae  were  weira  nurnbera  one  ^nri  two  ne;  r  '•  f?  nouth  of 
the  Bady  tunnel. 

Q  That  tavea  ycu  the  eian  total  flowing  fra:  tht^t  tAumel? 


26 
27 
28 
29 


A    Yee  air. 

Q    Ihat  was  the  i^ro portion  of  tho  waters  bctwton  veirt 
nunberw  onewid  two  that  were  fiowinf^  at  thoee  reBiiective 

dfitOB? 

A    Exhibit,  nufQi-er  tlir^e  would  ehow  xi,  but  wo  '  ave  not 

Q     ?,'©  took  or»e  fieri od  in  Juiuary,  1^4,  >.tjich,   if  I  reci     - 
ber  rift^tly  Wfts  the  fifth? 

A    It  wau  tA<e  hi;iioat. 

Q     ^nd  that  uxm  tot'  1  was  tliroe  hundred  and  what? 

A     Sena  ;«)5. 

Q      nd  at  that  tune  of  t)iat  3.')i)  inc)«j«  how  L»uch  was  oooing 
over  ^eir  No,  1  arxi  ^.ow  ouch  over  weir  Mo.  2? 

K    C»vftr  veiy  Wo,  1  lir.,9  i-whas  end  or^r  woir  No,  2  236,4 
incheft,  tnd  I  quote  from  defend  sir.  t*B  exhibit  thrtie. 

0    At  +he  cO'reBi;onding  date  in  1909  whut  was  the  jjropor- 
tion' 

A     I  (ion*t  thj.ni;  I  ftave  you  that  date,       I  t.ainK  it  was 
Jnnunry  fifth. 

Q     %11,  Jnnuary  fifth,     Tiiat  i-  -ihen  t^iey  coased  puBijjing? 

A    ^eir  Mo.  1  ie  111,15  rinri  woir  No,  2  171.93. 

Q    How  raich  did  you  aay  was  n.owin  ;  froi't  both  weirs  in 
1905  on  Jfuiu»ry  6? 

A     171..%. 

Q    Now  will  yuur  exiiihits  36  nnd  3  and  11  show  the  disunu- 

tion  of  wator  from  d*iy  tc  d^iy  or  fron  rmnm^rnntint  to  os&sure- 
rx'iit? 

A    Which  eochihits? 

Q    Ihrdo  and  elovon  aro  tiie  aata  froLi  wi. ich  thic  ciu-rurj 

was  constructed? 


A    Yee  air,  that  io  ]^rfectiy  correct. 

Q    Ana  a  reference     u  these  e^diibil::  Mill  ahow  a  diminutiun 
of  tho  water  frai  day  to  day  in  that  tunnel  ae  this  pumj.ing 
profr;r  eased? 

A    That  ia  correct,       Kyerything  th^t  xb  on  any-  of  theee 
prof  ilea  ie  on  ejdiibit  '.hree,  as  T-r  as  I  kno  . 

Q     lb  Uiera  t.nyUiiri<<  on  ejdiibit  three  that  ia  not  on  U^e 
profile? 

A    I  thmK  not* 

Q  Trien  I  uiu  correct  in  eay^n^  tn&t  tiiia  xe  nothing;  but  a 
diae^am  cons  true  ted  frcmt  tne  data  on  cochibit  three,  and  m- 
tondeci  to  ^refeciit  to  Uie  eye  tne  rei^-tion«  and  flow  of  t^iii 
water  dun/iei  thai,  yoriod  of  time? 

VW,  COUHT:       You  refer  to  ejd.it' it  '^  iir.  Chapman? 

i^u  CHAftiAi»:       Yes  tir. 

A    fixiiAhxt,  36  18  a  viBUi.l  reiireantation  of  the  fi^^urei 
on  oxhii>it  Wur.e. 

Q     Ahl.  during  the  time  tiieao  oboenretiona  vere  t^oin^  on, 
did  y(  u  make  obaorv&itiona  of  any  other  fact  or  iiienoonnon 
in  t'l&t  count  17  other  t  fi   treae  welie  pum^-inf^  north  of  Base 
Line? 

A     1  tiiaae  qockj  Ejeaaurumcinta. 

Q     Dio  t  oy   onter  into  your  ff  neider'tiun  of   *»  1m  >^tter 
for  'he  purpoae  of  formine5    n  opinion? 

A    Yed  uir. 

Q    What  of*  or  oh  onrritiona  ciia  you  oiJce? 

A      I  aauu   be  .'      .^^.,    ■  ..   .4i  V.  9  Lont;   Star. 

Q    How  iifiny? 

A    Quii.tj  a  nuaber  I  tnink*      I  went  tr;e  i^und  and  oade 


I 


t^iem,     I  liHvn't  rot  them  exactly  in  ay  mind. 

Q    And  are  ihey  on  ea*ii>)it  thr^ja? 

A     T^^oy  are  nc  ,   that  I  seo. 

Q     Do  you  know  d)  out  ^:ow  ueny  or  ourv^iti  c-o  v;©re  'TBtcio  in 
the  pura  in^i;  oijerationa  in  t,  •  e  f^ne  Star  well  foid  tlie  amount 
of  wator  flowing  from  the  wells  nnr'   '^ur^nfjl  kro^  ne  the  Lone 
Star  well a  and  tunnel? 

A    Not  at  'his   jiartifular  nioment. 

Q    Hate  you  isny  ide'i? 

A     I  could  tell  y<-u     lw  iaany  obserY^itxc   .    i     >     .-.         e 
usuiiUy  found  ttje  amourtt  <  frcui  tJ.e  Lone  Sta**  well   /lae 

alraont  ^   fixed  qufin^ity. 

0     1    1.1  asking  for    iie  nua^'er--- 

A    T'r  number  of  obeerv' ti ontj  I  don't  kn  w.     I     ould   hare 
to  (yp  'iirou-h  t)  c  datu.. 

0     HaTO  you  any   ideo? 

A     There  was  qui-  e  a  conoid  ore 'i>lo  mm!  or, 

Q    You  didn't    'X>  out  there  nakiiv.  daily  obeenrationa  of 
hoBo  wells  and  re])ort    ^^e    mount  of  water  pumping*  from  that 
part  of  the  coiin^  ry? 

A     I  am  not  pre^^ared  to  Bay  tbjat  Mr.  Ruid  aidn't  make  audi 
obaervationa,     ithout  ref -ironf  e  to  his  notta.        ''n    -ad  no 
inatructiona  not  to. 

Q     If  \y»  did  m.ike  ^ham  they  didn't  appear  on  this  exhibit  .J' 

A    If  he  dici  make  them,  and   if  they  are  not  on  it,  t,  ey 
don't  fippisar  there.     I  d  n't  see  anything  un  exhibit  ^-- 

}&<,  BKirr:       Q    V/liat  are  nuubera  four  end   fire  'here? 

A     Rone  of  t^oeo  puiq^t  were  claBaifi&d  by  number  and   euoe 
by  nam.        Weir  No.  4  la  thi  iMttw  of  the  ^aft  in  the  lady 


A^TKKM(>ON  Si',     .      : 

{T\\e  witnoBB  Purcoll  is  tomportLriiy  ^itiuiruim  iruu 
tho  Btand.) 


N.     .   STOWKLL. 
N.  %    Stowell,  heretofore  eworn  end  eiaBined,  being 
roc  lied  by  ulninti  fs,  tofltified  ae  followe: 

M'\.   BHm':     Q  Mr,  Stowell,   ia  there  eny  correction  or  mod- 
ifier* ti  on  or  MAplificftlion  of  ycur  teetiiiony  respec' 
the  inlervittw  with  Mr.  Pinkie,  on  ^^hich  euVject  JucKe  C-ap- 
n»n  ^eetionod  you  yeaterriav,   V  ht  you  deei'^e  U   ieiake? 

A    YoF.       I  Itad  conflised  '>ie  dat^a  between  the  d&te  of 
the  triil  of  tho  Mc^'herstn  case  and  the  date  of    iie  ,/urchaae 
of  tfi&t  jjrojjerty.         You  aeked  ::^  fhout  the  date  of  the  uur- 
chase  in  '99  ^nd  1900  when  the  McP  ereon  oane  waa  tried, 
and  I  confuaed  the  date.       At    hat  rime  .Vr.  Finkle  «&■  dom 
War';  and  I  el-ioved  hia  t  e  >  le?  tioni. 

Q     State  .fliat  the  difference  is. 

A    He  ctBked  ue  if  1  didiiH  state  to  llr,  Pinkie  the  rela- 
tion between  the  anaft  above  Base  Line  and  ^'cll  ^o,  4.       Of 
courae,   if  lie  liad  aoked  ne  thict  question,  I   'lanV   it  «as  a 
grave    lunder  in  selling  floidrj^  water,  on  cjy  part,  if  1  oid 
n't  toll  hin  that  there  was  a  lymijrithy  that  existed  there. 
I  dcn*t  til  ink  I  could  have  used  any  c«>re  .-ovrerfui   arfjinent 
ii\in  to  show  thut  it  drained  the  country  north  of  16th 
street. 

Q     7/hht  ticoe  Old   tiiut  (onv«nation  occur  between  you  and 
Mr.  Pinkie? 

A     T  u     onveruHtion  t  at  I  thou^;*;!  he  alluded  to  was  just 


a 


IL 


O  f 


I 


bafore  tiio  other  suit. 

Q    TJie  trial  of  th©  licP  oracn  case? 

A    Y6b. 

Q    When  was  Uat? 

A    T^k^t  waa  m  1900.       Ano  her  co.roction  I  wish  to  niak« 
in  about  \h&     em^jtiraturo  of  the  water.       In  the  Stowell  »oli 
i^'jf   ffaior  >ya»  cold.     I  V/eatifiwi  yeaterday  th»t  it  wae  a  warn 
^eli*       Tiw  v.arci  v;«li  iis  nuvJbyr  file  and  oix,       \  ^uv  o.o 
wolia  wort,  diao  reeabiy  warm  to  tiio  taste,  arid  wae  Bu^^liur 
wi^^ar,  ind  iL  vaa  not     fresh  ar:d   miq  water  iiVo     h©r«  wu» 
in  Lr,0  96  woli    .ltd  in  .ill  Ih©  other  welia. 

Q     %h«ry  :ire  niaaberB  fiva  ana   six  situaitt'CtT 

A    Tid  I.oiKs  Sti^r  ^ellB,        T}iat  wat«r,  'tihsn  it  ran  into 
the  reBervcir  .vcuid  atngriato  and  g»t  ^owthb  in  it.     No  other 
(/ttitrr  xti  that  neiji.  or    yjd  vrculd  do   tliat. 

Q    No'«  on  tho  su  juct  of  tha  Lonu  Star  ir'ali&  and  Uie  Lone 

SWr  lurrnol,  a?  dthe  .valla  on  tiio  35*acrii  tract,  /  '-     -v**  a 
nun'-er  of  rn?',   u  oraente  yeeVerdriy  in  answer  to  Juo  .n*B 

questions  as  to  a  certain  weir:         I   enquire  of  you  if  you 

rmdo  those  oeasuromantB  of  ao-called  Lena  Star  water  ano 

inclwdfjd  all  the  rater  'rora  tho  Lone  Star  tunnel  and  tho 

welLLi  on  th«  ^i''— icrti  tract? 

A    Tin!  raeribur  mon^c  w!  ich  I  f:;ave  of  ti  o  Lone  Star  were 
of  all  the  water  that  c  hd  f  on  the  ♦Ainn<il  anc  the  t-ro  v.ellu. 
The  niej<Bur  tnont  thjit  I  <5Bve  of  tho  aouth-Bide  box  was  all 
the  ivator  that  caoB  f  rOQ  the  tunnel  and  the  aeveral  welli 
on  the  30«acro  tract, 

n    %B  ^ho  vjater  f  en  all  *hoBe  welle  conouctod  V  roug^ 
tli-'it,     unnel? 

A    Yo8   iu.r. 


lOI 


Q    l^irther,  Mr.   Stowoll,  on  thia  aubjcct  of  the  tymiathy 
of  end  well  with  another,   in    hat  ton  Be  did  you  use  the  tera 
■ayia  athy*  ir.  8ftyim<;  tlat  you  didn't  obaanro  except  on  the 
3&-acrfi  tract  any  aywijathy  of  one     eli  wiU;  anothir  in  Ui&t 
locality  or  in  that  neif^ijihorh' od,   or  eoraethin,:  to  *.hat 
effect? 

A    «e  testad  that  verj'  Uioro  ^^y  on  the  5:)-Qcre  tract. 
We  pur39)ad  011&  veil  and  ve    pt  practirall     the  ■&£».  aoiC'Unt  of 
water  that  we  did   fron  ail,     f)  en  we  pum.  ed  or.c  dovm  90  fc«t 
the  other  wells  innediately  lowered  1^  ''^^  hoxirB  to  practi- 
cally the  sane    elevation.  Bui  any  in-ediutc  sympat^iy, 
I  }«ve  nevor  observed  in  any  ot.her    el  la  that  it,  would 
affect  am'  other  well  in  t-nv  reasonable  time  that  I  was  ever 
able  to  meaBure. 

Q  ])o  you  mean  to  sav  that  you  obeervod  no  effect  on  the 
general  wiiter  pl;»ne  in  the  vicinity  up  *here  by  eirhor  the 
pmH)ing  of  any  of  those  lar  olle  or  by  taking;  ator  :  ^ 
then  by  cwana  of  tunnel  'md  8i;>  one? 

A     The  water  plain  has  boon  continually  lowering  ertr 

since  I  commenced  developimj  there  down  to  the  l?iit  of  ray 

boin,r  there  in  1V02, 

.;,.of.  .i.ij  of  Eyfa;»athy 
Q    That  xiuBXJUtifitRX  wns  not  included  in  your  ptutenont? 

A     I  call  t/iat  u  t:,^;iv2ral  decline  of  the  water  plane  -ill 
ovor.         I  don't  call  that  a  jjarticular  syni  athy  between  two 
wells. 

MR.  ^'ASKKIX:     Q    Did  vou  Vike  the  <.e«por  ture  of  a  consid- 
era  lo  nuaber  of  those  walla  on  t>     Red  Vill   at  CuovBOogat 

A    Yes  air,  all  of  tren. 

Q    Did  you  find  any  two  of  t  en  thai  had  the  eaai  paapera- 


LLlIll 

ture? 

A    Yes;     e11  of  Uiaoi. 

C    Did  you  find  any  two  cf  than  tliat  )'ad  tiie  saiBB  tami^e na- 
ture? 

A    Yea,       T  eoniy  r.i^rVj.d  exccyLiono  are  Lh©  two  Lo'e  Stur 
W6lla,     T'  oae  war©  wanner  than  70  dogr  ee.       T -a   c     '  ro  wero 
bet  6«n  6t>  and  70.       "nie  Lone   Star  tjomiel  Wf^e  Ma  /?rofit 
deal  of  tJio  ^ioo, 

Q    I  um  ej^eakiiv;  about  iibaolutaly  tha  aaaa  tar.uerd^ura. 
T^iEt  18,     it^An  a  h;;lf  «  def;rfee. 

A    Oh,   I  t>:ink  --  yeij,  I  thin*;   -i  e..  •-.  .o  k. 

Q     How  riany  wo  lis  vnrittd? 

A     Not  rnr.i*e  than  a  couv)le  of  degroes  usually* 

Q     Old  you  noMce  w  ©thtir  ^he  wanner  walls  were  ah^Uow 
or  tlie  dee  ("yr  w  .He? 

A     The  9^;  well   is  a  comj.ian  titely  rtiallow  well— -400  faet — 
ftiid   t.Vo  saroB  taoi,;  erntur-    of  oth.ere  cloae  there  thut  are  not 
aa  dcop  and   some    suite  coneidorably  dueper. 

Q     '^nch  was  Uio  hottaat  </ell  and  where  wag  it  loc;jt*d? 

A     Tne  Lone  Star    alia  wara  Uvj  hot  wells*       l^ose     ero 
about  f300  feet  dcap  if  I  rsMSebar  ri,   t, 

Q    And  t}:ie  Lone  Star  well  is  abov    Base  Line? 

A     It  id  above  BaBo  Line  on  tha  CuoaJBoi^a  Hotoestaad  Asso- 
cietion  tract. 

MR.  BHITT:       He  locatea  th<tt  in  his  jrevious  taeti  ;oi:y 
accurately • 

A    No.  6  is  479  foot  d^ep.       That  was  not  a  ?ar>  warm  well. 
And  No.  b  wlb  f)4l  foet  deep.     Dose  two  walls  and  the  Lone 
Star  well  had  wary  nioh  tha  oost  clay  and  tha  laait  water 


gravol  of  any  weXls  in  the  vhoio  country  th«r«  that  I  knu/  of. 

Q    Did  you  find  my  walli  wiUi  c(n|mritiToly«ra  wator 
near  the  weal  aide? 

A    No  Bir. 

MK.  BHITT:       Q    TJmt  Artaeian  /^ell  Mo.  2,  do  you  know  Uie 
d«ijth  (.f  that  woli? 

,1     I  dcn't  kna»,  except  Troa  recollection.     I  tliink  it  is 
E')0  foot-— hore  it   ie,     236  feet,  well  No,  2. 

C    And  the  Heilim  woil,  you  ^\t  the  iof,  cf  li^at  yeatvr- 
day.       liave  you  /Tot  it  there  do  that  you  can  ^?Lve  u«  the 
depth  of  thai  dxaotly? 

A    Not   irithout  rof erring  to  my  book.         i  think  t^iat  v&i 
:'vOO  eYon,  ^r  600  oven,       I  *hink  it  wu  a  ccntract  for  eo 
finny   OTCJi  feet. 

CiiOSS  >?:;        ^TI'i^, 

liH.  C'APUAN:       Q    Since  you  left  the  etand  yesterday  haire 
you  been  convoruinG;  vrith  anybody  on  the  eubject  of  your  test- 
iriony  giv«ri  here  yeaterdny? 

A    Wc  nir. 

Q    Nobodv  lit  all? 

A    Nc  »ir.       I  sinply  rcmrked  as  I  oanit  in  to  Judge  Britt 
ttuit  thero  were  one  or  two  discreptincicB  that  I  would  lika  to 
correct.     I  v'ill  aay  in  tuccuto  tiat  I  w*8  very  tired  yester- 
day.    I     'mt  to  1x)wn  the  ni^.t  before  after  oonrt,  and  I 
trioG  to  find  the  i&pers  and  d-.tathat  you  wiahed  and  I  worked 
on  it  tr\y  didn't  fsot  +o  bed  'ill   t^o  o'cioch   in  the  nsorair^* 
Then  I  »;u\.  up  before  sij:  miq  caob  here  on  a  tram  tb.t  g«ti 
here  sit  9:^  (wiien  it  doesn't  break  do«iu  as  it  did  that  day) 
and  then  all  afternoon  I  ma  reading;  thoaa  eeasureeMnta  with 


-A    lib 


I 


a  iai(7iifyin£  jinaa,  and   it  rade  me  Tery  iir«d.laat  ni^t, 
and  I  wan't  very  clear  i:.  nd  about  what  y  u  were  aakirv^. 

I  «rl;l  Bay  that  in  my  examination  I  riid  that  Ur.  L.  Ideeon 
and  Oeorre  Bcver  we  e  two  of  the  partiea  working  up  there 
when  that  96  well  was  cut,  and  I  think  their  recollection 
Tirill  bo  Tery  clear  and  poeitive  about,  the  facte. 

Q    "^'iion  you  apeak  of  the  V^  well  that  thev  cut,  you  are 
not  Bjjoakin^  of  the  well  that  you  put  down  in   '^6? 

A     I  ara  t«ilkiTv«5  about  well  No,  4,  otherwioe  call -id  the 
Stowell  well. 

Q    That  i»  tho  cne  you  are  talkim;  about? 

A     Yes  Hir, 

V     Vmo  do  you  say  werci  the  j^ersona  woi"kii>g  there  then? 

A     I..  IrieBcn  and  OeorKe  Bower. 

Q    fliere  were  trey  working? 

A     At  wall  No.  4. 

Q     At  your  wftll? 

A    Y^^e  air. 

Q    But  not  in  thfj  aha  ft? 

A    No,     I  fion't  kn<w  t-he  naraea  of  thoae,  but  U.ey  cane  to 
our  w«ll  ever/  d^y  to  got  water  tx)  drink  and  we  met  Uion 
vory  of  tan  m  t)iat  way. 

n    y  >,  r'..-,  j-»>T,»ro^.©*«  «o-/^  .V  t>mt  you  had  a  conToraation  with 
Mr»  Finkle,     Waa  not  Uie   aecratary  of  the  San  Antonio  Coa- 
litmy,  Mr.  Sh-    h»ird,  present  in  March  'VV? 

/^     I  rUntf    r-flr,iopV.«r  that,         I  kncT.v  f.hnt  ??^  ♦♦|.)'nrd  waa 
thero  >inri  Uioke  waa  tiior^*  -inf'  nil   *i.ci ;;       r-.i   :    were  thoro 
at  differen*   tiraea,  and  I  *;ot  frou  Mr.  Finkie  or  Ur,  Shep- 
herd tho  jMasureaentB  Ur.  Finkle  oadB  there. 


I 


1 

1  Q     But  you  dcn»t  reMOBber  th«  <  tnferMtUt>n  that  you  had? 

2  A    W-    air. 

3  0     Anri  I  understcod  you  to  eay  in  your  dir«ct  •xtainatiun 

4  a  i^iilfl  a/50  that  you  tiiou  i.t  if  you  could  ^^te  a-  aurocj  than 

5  th'.t  that  well   would  drain  that  upr)6r  country  x.  -ould  hata 

6  been  a  groat  indue.  »mont  for    i  em  to  take  the  property? 
A     I  think  bo, 
Q     Ijc  yea  kr/.'-^  hnvr  '^h^  ronveraatioii  ca:©  up  batwaan  you 

abcut  this  matter? 

A  About  what  natter? 

Q     About  the  effect  of  \h*i  well  a  iv-.  that  ccuntr/,  ono  oTer 
anotVicr? 

A    'then?     In   '96? 

Q    Ir  *9*',      Tou  r«af!'jiber  'he  tline     h«n  the  S  n  An  onio 

Water  Con  any  pur'  from    '      '''uetjaonga  Pruit 

Land  Coa-any  to  d-w^^-^    ...^>.^.       .  a  Cor...*..  .>o-acre  tiact 

of  land? 

A    Yea  tiir. 

Q    Wber;  thoae  nejotiationa  were  ^^int;  > n  is  the  tiae  that 
I   '.m  tryini_j  to  call  to  your  moraory  thjit  you  had  a     cny^jraa- 
tion  with  Mr,  Pinkie  and  She^/urd.       Wlieher  there  vas  anyone 
present  or  not,   thoee  t  0  wer**  ^^^re,   %nd  they  ^%^'y  v^  ^' 
ropreaentin^  the  S  n  Antonio  Water  Cou;  eny,       X  *iii  aak  you 
if  t^;ey  didn't  oak  you  ^hat  you  knew  on  that  oubject  of  how 
one  well  was  affecte-'  >^y  another, 

A    I  don't  reaesaber  .-jny  auch  comrersation, 

Q    Don't  you  reraentier  y-u  were  trying  to  gat  them  to  ouka 
a  piirchaBO  of  ihe  ripht  tc  davnlop  water  on  a  certain  two 
and  a  half  acre  tract? 

A    Yea  air;     thirty  inches. 


1    * 


6 
7 

8 

'■} 
10 
11 
12 
13 
14 
15 
16 
17 
IS 

19 
20 
21 
22 
23 
24 

26 

27 
28 
29 


Q    And  don't  you  ramomber  Mr,  Fixikle  vna  Uiere  and  in 
this  conTareation  told  you,   1*    substance,  that  ha  was  afraid 
tlia  ^  Uiat  Van  not  sufficient  araa  to  protect  ih^  valla  on 
tha    ad  which  tiiey  ui/Jit  i^urc^Asa,  fron  veils  vhich  oii^t  t 
be  sunk  by  ot  er  people;     and  didn't  y  u  in  that  cjitoraa- 
tion  tali    .iij  tnat  a  hundred  feet  wua  aufficitnt  for  the 
protection  of  a  well  there,  anu  called  .is  attention  tc  two 
welle  located  witlun  less  than  a  hundrad  faet  of  another, 
and  whidi  you  aasur^.d  hii^  neither  affected  the  other? 

A  I  Uiin>:  t  :ere  ia  a  miat  k  e  iii  tiie  dates.  I  think  *h&^ 
purchaned  tJiat  land  bafore  heru  ware*  a:iy  veils  bored  l^ore 
except  the  *%  well  and  veils  ouu,  two  end  throe. 

Q     'littt  wells  one,   two  and  t^irea? 

A    7\\i'  well  a  bored  by  Jo'in  Lynch  on  the  cassa. 

Q    Tiave  you  nut  yourss-lf  sunk  1   ^   ..^.^is,  woi.  i\u,  •*  being 
one  of  tiiSM,  bafore  March  '^i? 

A    No  oir« 

Q     Was  there  not  a  well   Vxtiiin  a  snori.     iBcance  of  u  is 
well  Mo,  4  lit  the  tins  of  ti.at  cor^verauticn? 

A    No  air,   it  couldn't  be.     It  was  nctbored  at  that  vine 
to  the  beat  of  .iiy  recoi lection, 

Q     Co  ycu  kno>7  as  a  natter  of   fact  that  the  San  Antonio 
Water  Coii|jany  refused  t^-  OEika  t^.a  purchaia  of  tht  ri^Jit  to 
dovclop  on  the  tv^o  and  a  .half  acre  tract  and   j.niiistad  en  the 
riifit  on  the  J35-acre  tract? 

A     I  kno     thero  «ac  a  lot  of  ntgotiations,  but  to  attempt 
to  relate  an^  Cwuvoreati-'n  ii.  ragjard  tc  buyxZL^  or  seilj-iitj 
water  or  sirriipint^  dogs  or  horses  -  or  nine  years  ago, 

I  don't  V:n(yH  anything  «^uut  it. 


Q    Wain*t  a  lot  of  thi  ntgotuitioni  on  t  «i  ¥«!>  tubj  ct 
had  trying,  to  get  Uian  to  develop  on  the  t«D  and  a  hslf 
acrei,  and  didn't  they  make  in4Uirie8  tuod  finally  detercuoe 
til'  t  t  cy  couldn't  j^urc^aee  thu  rx,ht  to  develop  on  lese  than 
tlie  tj.>-ttcre  tract? 


A     The  li.yacro  tract  di.n»t  belor.^  to  ■•• 


T 


.a  on 


the   two-iiCr{«  tract  Uld  boicr^  to  a»  and  conBe.iuaritly  I 
couldn't  h&vo  had  ai\y  n«e$otiation»  abuuL  liie  &o»acre  tract 
bocau&e  I  dion't  aui  it* 

Q    You  woi-o  an  offic«r  of  the  Cucemom^a  Fruit  I.und  Coo -any? 

A    In  Belling  the  tkiirty  inc'nes  for  ■hem,  there  never  *aa 
any  prouom^icn  of  the  San  Antonio  Nater  Co:i,any  to  Wkv 
any  &i.\cunt  t  roizi  ll.o   to  uorda  excep*   wiat  beion  ed  to  im« 

C    I  offi  talking,  about  the*  dietinct  ri,i-7it  \.o  develop  water 
on  t,*.*»  Si-a  ere  tract.     Did  tiicy  noc  oake  auch  jAird-iaae  from 
tho  Cuoamongu  Fruit  L'tfio  Co  veny? 

A     I  nhculd  »<*.,'  aol,     I  aon't  tmnk  tiOy  did,  except 
tiiro    )i  tlie  ("jnturio  Power  Co     ^Jny, 

Q    Wh»  Ui<f»  [.urohaac  fjaae    y  tho  Ontario  ;'o  .or  Covi>iiy? 

^      Tm  fiiturio  Power  Coijeny     urcliaaed  ^' ■>  -'-o  acres. 

Q     Anci  wero  your  negiitlu>ioni  wiUa  '^e  unUa^o  I'ower  Coa  ai\y 
at  th»  t  tiE»? 

A    Net  nt  that  tirie,     Ti.  waa  nut  orgaruied* 

0     I    iv;  tr^licinu;  tb  out  ii&rdi  1^,  idVv ,  and  1  will  hak  you 
a^in  if  on  that  utxX.e,  au  >jart  of  the  aaiue  nagotiaticna,  if 


ihio     f^o  \p  <'i   n*t  aA  jiou  vrtei  er  ih^tf  wellt  en  U.e  north, 

cf  .  .»o  b«cr.  B^  ,   were  or   ^«re  ri.  t  af  footed 

hy,    >  r  -cV    f  nr  ^>r;v  riir^    or  did   not    affor*    *^'    -rel'lr  on  this 
tract  01   iana  i-.-   .  ;uch  -r.cy   <.'ere  ne  oi.    '.:— ^ 


to  aa  irrelevant,  iooat 


.  and  not 


prO])ir  crOBB  eaMBfttition,  and  »4iether  the  witnoBS  give  ut- 
terance to  Buch  an  opinion  or  not,  it  vat  otrely  a  BAt.t«r  of 
o,)inion  liiid  not  pertintiiit  to  any  teitimcny  t  at  ho  hts  ex- 
proceed  in  the  preaent  oate, 

T'  :.  f  i'U!  7:       I  undorutand  Uin  queetion  to   txciude  o^iinion. 

U:^.  r    \'-  ;\r':        J  havn't  f  Lnirf^od   Ihe  .^neBtmn  when  he 
intorpoaod  <iio  o'  jection. 

Q     (Continuin^^)  And    /bother  you  did  not  in  anvMr  to  an 
inquiry  toll  ):im  thitt  Uiey  did  not  >iave  ^ny  effect,  one  on 
the  ot}ier? 

*s'n.   t  iUTT:       I  renew  tiio  ohjecti>,Tn  and  suit  jit  that  the 
question  inquix*06  uf  *iio  witneau  Aether  he  ciid  not  erpresa 
at  tho     1)119  ri.intioned  an  ojjinion  to  th.j»o  ^tmtleeMn  <»  a 
cort'in  subject. 

TK  V.i)\}  '■::       It  calie  for  an  ouinion,  certainly^     but  if 
it  calls  for  a  fact  I  think  it  ie   i.orraii^Bihle, 

UK.  (y  KP^iM:       I  fui  aakinpj  tlie  witneea  thie  queation  for 
the  jtMrpoaeB  of  ini))eachmont«       He  tostil'iod  that  in  lb&6 
i^en  he  aunk  this  well  No,  4,  thit  when  he  cut  thzit  woll 
ten  feet  below  ti-ie  Burf^ce  th/it  the  water  did  go  out  of  the 
BJ^ial't  to  tiio  north,  ounk  by  7t  rkidf.  and  Stamm.       Now,   if 
t^iat  ia  BO,  when  he  had  thaL  conYorsation  in  11^99  with  Mr, 
Finkie  find  JJhiephord  (if  he  had  auch  a  one)  tlua  other  ^Xitcr' 
ience  had  nlreany  t^iken  place  and  he  knew  it  o  -  ahouid  haTu 
known  it,  and  evon  if  'o  expreeaed  nerely  the  opinion  to 
Finkle  th  t  ti»y  oidnH  affect  one  tnothor,  that  would  not 
nilit&to  against  the  fftct  that    he  opinior.  wca  ccntrary  to 
what  he  now  Baye  was  tho  experience  and  fact  in  the  oatter. 

TI!K  CUU  T:       T»^.e  objection   ia  owemiled. 
^''    ■    Ti^f'a  Bxco  t. 


A     I  don»t  reoBmber  e?^  auch  rnnTsrsation,     ^  *°  iatiBfiod 
that  it  w&B  not  called  to  ray  att^ontion  in  unpK\y  that  wou  d 
allo^  tm  to  answer  Uwt  question  tho  way  I  should  >iave  bjn- 
swerod  it,  becauae  I  shou  d   ^lavo  boon  only  too  r^nd  to  )!ave 
mentioned  that  fact  to  tl.on. 

Q  V7ht;t  I  m   tryin/-  to  get  before  you  is— -I  an  aasuning 
tlie  fact.       I  don't  know  wi^. ich  one   of  you  gititlemsn  tells 
!i»  the  exactly  correct  voreion  of  it.       But  the  #ioie  eub- 
otanco  of  it  v/aa  tJiat  an  toil  or  to  wJciri,^  atr^  p\ircbsse  Mr. 
Finkle  vas  in  he  aaploy  cf  the  San  Antonio  Water  Com^jsny; 
tliat  he    -bfl  there  with  you  for    he  |>urj>oie  of  ronderin-v  an 
expert  0(iinion  to  the  p;ontlo/uen  whom  he  sisls  repreaenting 
as  to  whether  it  would  be  safe  to  take  Uio    ^ircliase  and  take 
froa  you  that  whichi  you  were  ofering  ^o  fhH,     nd    that  tViat 
WU8  'ne  reason    e  was  riakin;;  the  inquiry, 

A     I  don't  i-ecoilect  any  such  ccnvere;  i,i(  ri. 

Q     Do  you  rorionber  thin     ell  that  was    here---wts  th^it 
^•il  Mo,  14  that  wtis  there  at  the  time  cf  Utis    .urchase  of 
the    iroocrty  in  18*.  v? 

A    Woll  No.  14  Wfes  not  there  in  1699. 

Q     I  no^n  No,  4, 

A    4  Wfis  there  in  *9G, 

Q    Is  t^uit  ^h^  well  irijtii  viiich  the  '60  incihoa  winch  y -u 
difj  sell  to  the  Son  Ant-onio  ftter  roi.;;.tiny  Wbs  to  coosT 

A    Yo8  air. 

CI    And  that  a-ss  on  this  two  and  a  half  acre  *.ract? 

A    It  is  on  a  two-ftcre  tit^ct, 

Q     I  will  ask  you  aguin  if  tJiey  were  not  attamj^tim;;  to 
guard  s^nst  tiie  (iOBSibijity  or  i^robdbility  HLjusoli^er. 


t}iat  anothor  jvail  sunk  ne  r  'iiere  rj^-^^t  dopriia  then  of  the 
30  inches  which  they  woro  j-urchaaing? 

A    "Die  30-inch  Bale  of     ator  irui  not  taken  u^  till  after 
tilt;  eale  of  tiio  otlior  water  by  Uio  Fruit  L'ind  con  »an.  . 

Q    To  T^ion? 

A    To  tho'  San  Antonic    'ai'^r  Co     any. 

Q  T^ie  San  A/itonio  'Aator  Co,  ^xiny  did  in  tic  'ionth  of  April, 
1899,  pure)«iB8  fror:i  th -  Cucanor^a  Fruit  LiJic  Com,j«iy  a  ri^Jit 
to  develop  I  ])e.ievu  not  to  exc  ed  100  inches  of  vater? 

A     I  think  BOOBthirk. ;  like  that, 

C.     Tliat  wuB  in  April,  lli^A>, 

A    1  dcn't  knov;  tho  duto, 

Q    At  any  rate,  do  you  'ruiow    hother  tljat  wvb  before  or 
after  'he  purcli/jse  >jhich  tJie  San  Antonio  Water  Co. i  any  had 
naade  of  y>.u  individually  of  the  30  inchea? 

A    The  .7 nolo  sale  was  conaunrnated  at  the  sane  tioe. 
Tht  boIk^  was  I'irat  jrjFide  of  the  larger  quantity  of  the  Fruit 
L'ind  couj^&ny  and  then  tii«y  concluded  to  t  ke  mine  too.       1 
was  indifferent  whetrer  tiiey  took  It  or  not,  Thie  d^  ed 

oame  for  ^ha  whole  natter  at  once. 

Q    Didn't  y  u  join  in  tiie  d-ed? 

A    I  joined  in  tho  dued,  but  I  had  no  title  to  it  except 
a  verbal  a^reoro.'-.t,. 

Q    But  ycu  were  lc  get  your  .ay   tor    he  wtrk  of  getting 
thoea  w«Ilo,  in  water  at  $600  an  inch? 

A    Yes  sir. 

Q     Did  y  u  g  t  the  w.u  ty  inches  of  water? 

A     Yea  sir. 

Q     Aiid  you  say  tho  nsi^tiations  with  you  and  with  the 


1*240 


4 

5 

b 

7 

8 

9 

10 

11 

12 

13 


•  *  1  I 


ii5 


IS 


16 

17 

18 

)9 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


Ouoamonga  Fruit  Land  Cocr)«iy  for  L:e  ri  f\t  to  doTalo.j  a 
hu2]dred  inchoa  wera  concluded  iibaut  tho  Muaa  tia»? 

A     jRie  aale  of  thb  Fruit  L/inci  Cocii  any  wbB  ccnauaaatad 
first,  and  tho  othar  waa  indifferent  to  rue  -bather  they  took 
it  or  not, 

Q    Have  you  an^/thing  now  to  f<;ive  ua  the  dataa  whan  thaae 
transactiona  were  ccnBUianuted? 

A     I  have  niithinff^:  further  hock  thm  Vovepb^r,  IHbSf, 

Q    You  moan  afirlier  than  t>«at,   df-n*t  you'         It  wtiB  in 
tho  8j)rinp;;  that  it  we  a  conauriaated' 

A    I  Bey  I  havft  nothing  praTioue  to  'vy  in  Utaea  data. 

Q     Let  ue  invite  your  htt«:tion  to  tine  dia^^ran  exliibit 
No.  1  for  a  nociont.       Do  you  n-t  ica  on  ^hxn  '«.;.    a  i/oll  marked 
ie97? 

A     That  ia  well  No.  V. 

0    And  dated  1897? 

A    Yea  sir. 

Q    Did  you  sink  that  wall? 

A     I  did. 

Q     i'^esn  did  you  con  >lote  it? 

A    I  have  no  recoiloction  of  it.     1  think  it   «&•  in  •97, 

Q    r^mt    'cl\  waa  tharo  J  an  you  h-d  ^ha  conv':rBbition,  if 
you  h<id  any  convartation  jith  Mi*.  Fink  a,   in  Marc)i  IbV"'.? 

A    Probiibly . 

Q  How  far  ahb  that  from  rail  Ho.  4t 

A     About  300  foot. 

Q     V/mt  ia    .'a  naaraat  wall  tf>  wall  No.  7? 

A    VqU  No.  il. 

Q    How  fn.r  diat^T.t   xa  it? 


IV 


1 

-> 
3 

5 

b 

7 

8 

9 

10 

11 

12 

13 


17 

1<S 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


A    About  a  1  tJidred  fo«t. 

Q     And  ie  Ihjat  the  shortest  diatjtnce  betw.en  any  of  those 
wells  in  that  vicinity? 

A     It  aeons  to  be  tbout  60  feet  by  the  scale. 

Q    Tlmt  in  well  No,  11? 

A    Yes  air. 

Q    Ihen  was  iiiat  bored? 

A     In  Ih'y... 

Q     TOwt  tiiae? 

A     I  couldn't  tell  .  ihout  lookir^  it  Uj^.     On  Decenbar  Otii, 
'  9,   -ell  Mo.  10  was  l-oin  ■  bored,   so  I  jui[^o  it  ..£>■  horod 
aft  r  that  date. 

Q     T)o  you  infer  it  fror::  thtJ  riumber? 

A     yeo  nir, 

Q    Y(u  didn't  irake  the  numbers  th  t  are  ^ut  on  thtse  exhib- 
its? 

A    T\\a  numbers  are  the  order  m  w.ich  tiia  r^ulla  were  bored. 

Q    }^CRr  faany  wells  were  on  tlxe  90-acre  tract  at  that  titoe? 

A     ^our. 

Q    TA.ere  were  t  e-j  and  what  are  unoir  num  ors? 

A     No.  1,  Mo,  2  and  No,  3  and    nothor  *'all.       That  isn't 
niusl^ered . 

Q     (Miereabouts  is  it  mtuated? 

A    Ind  possibly  v;elX  Ho,  10.  Tuat  is  aituatoti  in  t^ie 

part  of  the  t-unnel,   south  of  the  well  numbared  throe  on 
V.Uit  r!]ftp. 

Q     How  raeny  tmve  been  put  on  that  90-acre  tract  since? 
K    I  thinl:  there  has  been  two   ,j;t  on  it   sinre. 

0    About  where? 


]'2^2 

A    V7ell  No.  10  la  on  the  90*ftcr«  tract. 

Q    How  do0ij? 

A    Well  Wo.  10  is  6  6foet  deep. 

Q    And  »]o.  11  ia  how  d  -ep? 

A    No,  11  is  705  frat. 

Q    And  No,  7? 

A     370. 

Q    Were  thoee  weiia  all  there  ot  tj.ax.  tiLio  in  *9'.*f 

A    I  don't  thinV  they  were  UiOre  in  Iferch  •VS',  ill  of  U.em; 
espeoia-liy    oil  No.  10. 

Q    Did  y-u  s&y  tliore  ^ero  five  of  t  nm  Uioro  at  that  tiia-.-  — 

on  the  90-ftcre  tract? 

A     There  wae  four  t>.at  I  knoA-  of,  and   Doeeibly  Nc.  10  was 
be in-  bored. 

four  th  waa 

Q    ftiifsuai    T>ie  ttaa  that  you  know  of  that  wKxa  there  in 


Ubrch  '99  and  numbered  wJat — No,  7? 

A  No,  7  18  not  on  the  VO-acre  tract. 

Q  IShat  are  *.h.o  four  on  the  90-acre  tract? 

A  One,  Liio,  tliroe  and  a  well  that  ia  not  numbered,  and 
portBibiy  No.  10. 

Q  Wf^t  wella  have  b'  en  ^^ut  there  aint  e? 

A  Tiiere  has  be>en  a  well  put  cloae  to  No.  '6, 

Q  How  doop? 

(&  I  don*t  know. 

Q  Tiie  next  one? 

A  Bored  betweon  cloven  and  well  No,  2. 

Q  la  No,  2  tiic  Arttiai.^n  well  No,  2? 

A  Yea  air. 

Q  Ihen  w  a  tlittt  Mt  Uiere-— I  iaa«n  t)  e  ona  baivaaiiT 

A  I   Uiin)-.  about  1902. 


1  -J  l.'i 


Q 

Do  you  kniiw  r.ow  d'-'e^j? 

A 

No  fair. 

Q 

How  uauy  of  thioo  ^eiia  arc  connected  Wi.tii  tunnci  Ko,  iLf 

A 

I  think  all  of  ^.)  oci,  exc^'.'t  No,  Z,   is  f 

onn  acted 

«ith 

V)(i 

txjnnel  h*t^ii©r  up.       It  ab  .jv  ..  carutoctoo 

dear  down  to 

V.ie 

tunnel    ;rad6. 

Q 

Artosian  v/ell  No,  2  is  not  d  ap  enoi^f- 

to  reacj- 

The 

grad«? 

A 

Oil  yes. 

Q 

But  it  is  not  conodctsd  on  tli«  griido? 

A 

No  sir* 

m 

.  STiv/i.'S:     g    iio*  d«op  lu  Ko,  2? 

A 

;t^)  fo.a. 

m 

•  CHAl'iiA'-!:       Q     Aro   il^ouo  all  the  #6X1  a 

that  you 

knew  of 

on  t 

^!i8  90 -aero  iract? 

A 

YeB  sir.       There  was  the  Tiburcio  Sprin:  well. 

T>iat  was 

only 

fo.v  f'~'0    ae^p. 

Q 

Tho  wfctur  froii  tliat,  w  jitevor  it  is,  u 

\  ccnuucted  into 

the 

turjiol  alio,  lan't  it? 

A 

Ho  cir. 

~: 

■Ylioro  dooB  it    -0? 

A 

It  used  to  run  into  the  San  Antunio  Water  C<«i>ia^*t 

pi]>elino  in  oldon  dayi* 

Q 

In  Uiere  a^y  water  there  now? 

A 

I  don't  thirJ-^   80, 

Q 

There  haar't  boon  any  watsr  fra/i  i;;  for 

a  good 

•any 

yoaru? 

A 

I  thin',  about  1'-      . 

Q 

Have  7  u  any  raeraoriindiira  froa  which  you 

citn  fix  1 

Lhe  date 

t'n4 

whon  tha  {>urcha8e  of  tho  1^50  inchei  of  water  was  omda? 

A    The  copy  of  th«  d'  od  eind  contract  is  in  eTidonco  in 
the  other  auit.      My  in.rooaion  io  that  it  vas  on  April  b\h, 
169B,      !Rifet  ifi  the  way  I  recollect  it. 

Q    Tlifct  was  to  the  SiJi  Antonio  Water  Co     any? 

A     Yoa  sir, 

Q    T)o  you  kn^'w  vrhen  that  water  rae  tuna  td  otcr  to  th<»  flUl 
Antonio  V/ater  Coai>any? 

A     I  think  In  July, 

Q      •l"? 

A      hatevor  year  it  vaa* 

-0- 

MR.  WATEiffi:     I  haire  .i  few  raoro  d -eda  to  offer,     I  offer  in 
eviaon<;e  a  deod  datod  Septotnbor  ^rd,  h'i!)6,  froa  tho  C\;kcamonga 
Fruit  Lnnd  Cora<any  to  T.  f.  Weaver  rmd  F,  C.  Nichols,   convey- 
ing certain  l«nde  and  wutor  riihta  appurtonpnt  to  certain 
Iwdfi  in  Cucriflionga  dosci^od  ♦.horuin;     record'jd  Novonber 
ir)th,   1902,  in  book  524  of  d  ede,  paR*  41. 

Dood  fron  Wiiliai:i  H.  Handing  to  Peter  S«  liafsr  aad 

Fredorick  C,  Micholi,  convey ini^:  certain  lands  and  water 
rif.hla  descrihod  therein,  da  tod  April  ?/dd,  1885,  and  recorded 
April  £M,  I'r^fiS.   In  book  41  of  deeds  paare  63. 


D«bd  froTa  Floyd  A.  KilVcume  of  date  Iftth  of  July,  l'X)l, 
to  D,   H.  Kilboume,  comreyim-.  certain  l«nds  rmd  wator  rip^ts 
doscrihod  therain,   rocordnd  July  Z^'ith,   IVOl,    m  book  ^7  of 
DottdB,  pi^e  109« 


tkiod  from  Gertrude  D.  W&ddel  and  Vllliatn  Waddel  to  D.  K. 
Kilbourne  conveying  certain  lands  and  wat' r  ri^ts  de»cri>^ed 
tiior-j-ui,  datoti  No¥«iber     2d,  16*J9,     r^j  recorded  Uay  8th, 
1^.>01,   in  book  306  of  daede,   liage  214. 

De«d  from  Cherlee  H.  KUboume  to  D.  r.  Kilboume,  dated 
the  27ih  day  of  January,  1901,  convey ^.j^.  curtain  iando    Jid 
wiitor  rif^te  in  Cucanonga  deacribed  thertjin,  recoraed  \ii.y  oth 
1901  in  book  .i09  of  deeds,   ^f^e  292. 

Dood  Sarah)  J.  B,  Clark  to  Jo^ji  *♦  Uoore  convey ino;  cer- 
tain lands  and  water  rights  in  CucaBor\[^a,  dated  24th  of  JuiiS, 
1902.     Not  recorded. 


SMd  frod  ^  •  J.  Kinciid  to  Saouei  CmmIi^  of  date  January 
6,  18Bti,  recorded  January  i9th,  Ib.b,  in  book  ^v    of  deeds, 
pB^'p  '6G7f  convey in»^  certain  lands  and  irater  ri^^its  in  Cuca- 
motOga  therein  described.  (Exhibit  6?) 

-0- 


GilKVAlSi:  PUHCiiLL. 
(Cross  I*}iftfidnation  resucHtd): 

ilR.  C'  APUAN:       Q    The  series  of  obaonrations  t^rotrayed  on 
this  disfpran  on  the  board  now—HmMbered  «k) — -extends  frooi 
J»  nuary  :l,   1904,   to  January  5,  1906,   in  one  of  its  sections 
at  leaBt. 

A    That  is  uy  recollection. 

Q    Will  you  look  on  eihibit  three  and  tell  us  <hat  veil  of 


i    .   4li 


the  San  Antonio  Wator  Coci{v«iy  or  in  which  that  coraany  ^sad 
any  mterost,  was  iiian^>ing  on  January  cl,  1904?  That  ia, 

if  I   reratnbor  n  t'tly,  the  tiwb  w^«i  that  dia^raa  be,;inB 
lihich  you  hold    in  yo<ur  band,  plaintiffU  ejdubit  throe.     An 
I  right  *out  that? 

A    Yen  sir. 

Q     Now    hat  well  of  the  San  Antonio  Vater  Corj.any  was  pv^p 
ing  on  t>iat  day  und  how  many  of  them? 

A    On  Jrmuary  ?1,  1904,  tbo  observation  wm  Mkis  by  J.  0* 
Marsh,  and  the  infomf>tion  ^^e  n-ivfis  here  is  ti-^it  t^ey  ware 
pi»fflpir>K, 

Q  Wh«t  wells? 

A    He  doesn't  define  which  wells  or  how  ohny, 

Q     Have  you  road  t)ie  index  of  tbis  niap? 

A     Yob. 

Q    You  iJinderstand  vhst  Oio  Turiuiit  ■artui  upon  it  si^ify? 

A     Yes,      "in  J  8  fmxwfiMmtm    *X*  matis  pum  ing.      T^iis  little 
•o"  neims  not  ]/UEL;iing. 

Q     Mow  the  "X*  means  pua  ia'^;? 

A     Yes  sir. 

Q    Isn't  that  under  */ell  No.  14? 

A     I  ihin)^:  it  is  siiif/ly  put  there  fur  conTaaiM)e«« 

Q    It  lu    here  and  indicates  according  tc  the  indsz  of 
this  exhibit  th^t  en  tbat  day    -ell  fio.  14  was  pian  ing? 

A     If  I  dio  n't  know  to  the  contrary  I    ..i^ht  asiuim  that* 
It  don't  so  Mean. 

Q    V/^iat  do  you  think  it  did  isisnT 

A    T^mt  thene  vol  Is  1,  2,  6,  4,  and  5  were  piv  ing. 

Q    There  is  no  nark  under  cither  one  of  o  «■  th  t  they  were 


puai>ing  on  Jamjary  ?I,  1904? 

A    You  will  800  No,  14  Ib  riarkcc:  as  y  ja.-m,;--— 

Q    i%8  it  or  waa  it  net? 

A     Tneru  is  no  sark  OKce^jt  on  t!  e  No.  14. 

Q     On  Jtjiuary  21? 

A     Yea  air* 

Q     And  on  htm  rjany  days  doee  that  1*  ftpft  tr  \h9f  indx- 
Wvting  thfit  Umt  *ell  was  ptim^jod? 

A    Th«8e  obuorvbtions  irere  r.-iado  by  Mr,  U  rih  ^rior  to 
tho  time  th»t  I  came  in  onto  this  auit,  and  I  don't  know. 

Q    Havn*t  you  been  ^ving  cm  opinion  ua  an  e;q)6rt  founded 
upon  whdt  io  ropreaontod  on  thia  ejdiibit  liirea  and  eleven 
and  is  diagruBed  on  those  exhibits? 

A     Mr.  Martf-!  t  stifled  to  the  accuracy  of  ^iis  own  neosure- 
monts* 

Q     And  the  index  shows  t!  .t  where  that  *X"  a^^ra  it  means 
tliat  the    rfUl  Has  being  puinped,  doosnH  it?      and  where  the 
blank  space  is,  v/hore  there  is  notium^;  writtun,  it  oeans  timt 
the  well  was  not  p.ira^dng? 

A    On  ti-iis  dia^ijraa  three,  be£p.nnmg  «itt^  Janiary  21,  when 
niuabers  1,  ^,   '6,    >,  t),  6,  7  and  b  veirs  are,  there  is  no 
mark  of  biiiy  pi4Q  in^  at  oil  on  January  Idl.       There  is  no 
cmrks. 

Q    And  the  Kaskoil  woli  the  sam?      Tiiere  ia  no  mark  on  it? 

A    No  air. 

Q    But  on  ^io.  14  tliere  ia  a  nark? 

A    Yoa  air. 

Q     And  that  ntuobdr  contmuea  day  after  day  for  what  space 
of  tiaw? 


A     It  tormnatee  by  Uii»  eliart  on  \ht  17th  day  of  l^ebruriry, 
VjO,,  ^en  they  ceased  puo^lng. 

Q    lf\\tr^  was  thn  water  that  was  bein  ^  pa4>e<l  frea  well  No. 
14  diachar^d?     Into  'he   tunnel? 

A    I  dcn't  know.     I  wasn't  there*      I  j^resuse  it  would  be 
into  t>'e  tun)  el, 

Q    And  at  the  beginnir^,  of  your  nsasaresiflrt  there  was  how 
nojch.  of  Q  sua  total  flowing  out  of  that  tunnel?     Here  is  t}:e 
totfd  at  the  mouth  of  tunnel  Ko.  2. 

A    3r)5.^. 

0     And  v;  on  Utat  ceastid  t^  i^^'/'i  *  'fHen  trtty  ceasud  to 
pum     tho  wuUr  frota  well  14  into  the  tunnel,  what  tlion  does 
it  chc^  was  the  sura  tot^l  f liwinr;  out  of  t>!ht  iiinTiel? 

A     That  was  January  5tii,   1S0J>,   I  t'dnk* 

Q     And  was  that  .vben  they  ceased  tosssYasitksx  from  som 
cauBo  or  other,  frof,  Jamuaiy  21,  when  t.hoy  hegnn  to  pusip 
the  water  inty  tho  t4Uinel? 

A     Yafi  air. 

Q    Thar,  increased  the  water  of  ♦he  tunnei? 

A     Hy  just  au  cttidi  as  t'-ey  puap  xnu    it.     It  cuf^ht  lo« 

Q    And  tlioy  continued  ti!l  t' t  y  ceased  to  pucip? 

A    Yoa  8ir» 

Q     '<^heri  thev  ceased  to  >  uu,j  wi...t  was  II'     ..'  B\ireacint  of 
the  iiua  U»t4.1  of  the  water  fron  thrt  turnel? 

A    On  the  16th  of  February,  the  sun  total  at  that  date  was 
3o3«7  inches. 

Q     And  tho  ne^t  day  after  they  ceaiied,  which  was  the  17th? 

A     2V<. 

Q    And  on  the  18th? 


A     ^1. 

Q    itexikmjtiSfcLjc    Do  you  say  nuw  u.at  «  .en  t:.oy  hb-\  n  to 
piiBji  the  othar  welli  Uu>  water  of  the  tunnel  continuuliy 
went  down? 

A    T^':e  dittgraia  and   ihe  notua  u  ucisolTes  will  to  a^.ow. 

Q     ^low  iat  U8  see  if  t   ey  will  ic  ahow. 

A    Tak_n.;  oyer  the  entire  y^fair,  or    hatavor  ^  oriod  it  ahown. 

Q    We  will  KO  back  here  to  Fobru&ry  16th,  whicl.  waa  when 
t}:ey  quit.       On  t!  e  17th  it  is  shown  tiiftt  the  sua  total  was 


£.'.■ 


nri   on  the  IBth? 


A    301. 

Q  On  Uie  IVth,  Z^-j^  and  on  the  iiOth  2V4.60,  and  on  Uio  L'^ 
2vtt.G0,  an  increaae  of  four  inches,  but  t  :bre  was  no  .jum,  !?>; 
boin,;^  done  .-.t  that  time,  was  there? 

A    No  jiura  >ing  m  tljbt  «eli  No.  14. 

Q    Tliere  wfisn't  any  p.-a-ini^  en  any  of  these  wells  nortii? 
"Hiat  ia    vhat  I  am  caliintr  your     ttention  to. 

A     I  think  on  the  IBih  there  were  to  wells  injmped  north. 

Q    And  tlien  ^here  was  ^1  inches,  or  an  increase  of  el) out 
t)\roe  inc>  OB  over  the  day  before? 

A     Those  t.o  vrello  vore  bexn^  puBL.ed. 

Q    What  vrolis  if  any  were  being  pua^ied  on  the  i^th? 

A     Seven  and  ei^t. 

Q     And   on  tnat  dey  there  were  2.    .50,       What  wells  were 
bei  z  i>utai)tid  on  the  20th? 

A     294 — 

Q    What  welie,   I  mo-ji? 

A     The    sue  welis. 

Q    Then  there  were  2V4«60,      Nov  on  the  22A,  which  is  the 


f  V')(> 


next  day,  what  wells  were  heiTu/   pua,«d? 

A  Seven  and  ei  ■!  t, 

Q  297.90  inches.       On  the  2'^th? 

A  Haakoll  well  No.  Z  and  titjnt» 

0  And  then  there  were  295.60? 

A  Yea  eir. 

Q  On  the  26th  whnt  welle  were  pumped? 

A  Hankell  well  No.  8. 

Q  And  'P6r»»  woi-e  ?9.S  incheo  tctinl.  On  the  27th  what 
wells  were  pumping? 

A  Sevon  and  oi(?ht. 

0  Ano  there  were  300.60  inches.       Now  tl-ie  29th? 

A  On  the  2Vth  there  ?raBn*t  any  piimjiins. 

0  And  there  were  299.70  inches.  On  the  first  day  of 
March  v/}»t  ??ellB  were  jium  in.-? 

A  N(?ne. 

Q  And  ^hero  was  502  inches.       On  the  2d  of  i\larch  hoe  zaany? 

A  T^iere  wasn't  any. 

Q  And  tJiere  was  502  inch,  a — 

A  Let  ri©  Boe  now.         Yes,   Li.;;x.  it   ;  i  "m*. 

Q  On  the  8d  of  March? 

A  There  was  one  well  pvaipin-'  antf  ♦hat  wna  woli  No.  4. 

Q  And  there  are  2990HO,       On  the  4uj  w  i.w  wwiis  were  p.jn, 

ing? 

A     No    -ell. 

Q  And  there  were  ?9f«80.  On  the  5th  ^riaat  wells  wsre 
puB^inf^? 

A     No     ell. 

Q     And  there  were  iOOM  incbes.     On  the  7th  what  wells 


\  -  •  i  t 


wore  puaping? 

A     No  well, 

Q  And  there  wne  302  inchea.  On  the  8th  wljat  jrella  were 
})uini  ing? 

A    Not  any, 

Q    And  tJ-ero  was  500,80  inchoe.        ; ,  on  the  9th? 

A    None. 

Q     And  there  were  i;99,10  inchsa.       And  on  Uie  10th? 

A     On  tho  10t>.  no  wells  ^u«  ing. 

Q     300.70  inches.       And  on  U.e  18th,  vrhlch  is  the  next 
cieasu!  flHent? 

A     On    he  l^th  no  wells  pina  ing. 

Q     And  there  were  20  .10.       On  the  2lMt? 

A    Tliero  were  no  i»olls  ^ua  ing* 

Q  S^.KJ.S'O  inchsa.  On  iiiu  :^.:;th,  7>)iich  was  the  next  rje  a- 
urocauiit? 

A    No  woile  pua  itig. 

Q     Ajjd  tj-iore  were  501.30  inciios? 

A    Yds  air. 

Q  Hate  you  l)ecn  ull  over  thie  oiriiibit  t^iroe  wJiu  follovad 
down  t})e  cienBurerxinta  ae  ahow  Uiort  and  the  infonn/;tion  at 
to  wtieiiijjr  the  welle  were  pum  inp;  or  not? 

A    Y©s,  undoubtedly  I  >iaYe. 

Q     And  do  y^u  n  t  aee  ^hat  t.hey  did  not  rorres^ond  or 
respond  in  p^ai.  in/;  uf  the  wells  above  tlie  base  lins? 

A     Tint  ic  enaily  explained. 

C!  I  an  not  talking  ibvui  t.}  f^xplanation.  But  accordii^ 
to  those  entries. 

A    I  think  tiiey  oc,  >'^en  thoy  are  explained. 


1*-V")2 


1 

3 

4 


8 

9 

10 

11 

12 

.-     13 


ri6 

17 
18 
19 


20 
21 

22 
23 
24 

25 
26 
27 
28 
29 


L 


IiOQ    What  is  your  explanation? 

A    V'/hen  they  coased  puapin^^  above  Base  Lino,  well  No*  14 
would  diadiarge  more  water  than  i^iCn  they  were  pua.  ing,  be- 
cause tho  head  was  increased,  art!  the  accuEiiiaUon  of  *at«r 
in  thfat  reaervoir  v-rould  OMtke  u  ..o  u  and  make  a  larger  dx8- 
char■^;6  in  fourteen,   Mere  boin^:  ayrajjathy  betw  en  the  t*.o, 

Q  You  f^ave  your  teatimony  ua  an  exixjrt  tM-.t  fron  tiiot 
time  on  till  they  quit  pumping  the  aiai  totax  wue  ^owui^ 
Iobd, 

A    As  a  .''eneriii  proposition  it  is  j^erfectly  trut*,  as  shown 
on  thf^t  exhibit, 

Q    On  exhibit  throe? 

A     On  ojdiihit  60. 

Q    Now  do  you  find  on  tV  is  ei^ibit,   t'  e  first  piaco     ..ore 
you  find  n  variation  in  300  im.he*  of  more  than  throe  or 
four  inchea? 

A    Well,  take  April  2  und  April  3.       There  is  a  difference 
of  eir-ht  xnc)"Ga  ri/rht  tho  re  • 

Q    Whiat  does  that  say  about  the  wtlle  pum  ing? 

A     More  than  one  of  them  were  puujar^.       Well  2,  well  o, 
well  4,  woll  5  and  well  7-— ^no,  let  tm  see.     Yea,  that  is 
ri^^it— and  well  8.       Seven  was  not  pumping, 

Q    Turn  l)ack  to  your  explanation.       How  does  your  explana- 
tion explain  it?      You  say  when  the  pufflj4  sto,  ped  jxinnir^ 
tunnel  No,  2  discharged  Bore  water? 

A    That  is  what  our  data  show. 

Q     Does  it? 

A    Certainly.       Here  ti^ey  continue  to  pua^  from  that  tisie 
on  systematically. 


I 


r    >.> 


Q     I  #iowod  you  that  the  nira  total  of  the5«  cwaiurflnantB 
bera  ran  just  about  tha  s«ua  Xtir^^  uil  'ha  tiiaa,  froci  2V6 
uiJ  to  302,  tmd  aomatitoba— — 

A     That  puBi.'in.;  mui  wall  14    nd  dischargaa  into  tunnol  No. 
1,  at  id  natur&lly  incraatoa  it. 

Q     Tiie  16tyi  of  Pebruury  ia  wharo  'Joy  caaaad  t©  |>unip« 

A     T>mt  IB  rif^jht. 

Q     Ard  tlxeao  otlier  jjuia^ja  alter  Ui^it  wuru  uu  '.ut;  ui.  lor  waiia. 
Now,  you  oft^'  whan  thoy  caaaad  tx)  puB^)  antiroiy,   faj-.te  one  or 
tvfo  '.vouid  dxadiarga  aore  water. 

A    WFien  tJiey  ceaoao  to  puwjj  wall  Sc,  hi  diBchm'^a  more 
water. 

Q      iop  about  thoBo  wella  in  tho  north  of  Baaa  Lina? 

A     ThoBO  are  :ho   wellc  I  )avo  uUud&u   l.  aa  ato^-i^in^  tha 
jum.  ing. 

Q    And      er  thay  wera  punpii^-^^  thia  kdjit  gi>ine$  clown? 

A     Yea  eir;     this  nhows  it. 

Q     And  I  say  it  don't. 

A     All  rif'Jit.       Tie  fi'-TuroB  8i>aak  for  themtfi.lwaa.     Tiiay 
cortnancod  ayatttBK-tiCi.ily  to  ]iub^  ^<>  '•alia  on  July  1&. 

Q    Wliy  do  you  aay  ayatematical  ly? 

A    Bocaufla  the  sheet  ao  ah ova* 

Q    They  cofiranced  to  pun}^  bofora  that? 

A     Sporadically.     Sooki  faw  wara  pua^i&d  oocaaicnclly,  but 
t}«ra  was  no  ayateiaatic  ,        -.i^« 

Q     Tnia    'Xhibit  aaya  Sin  Antonio  fatar  Cor-!  any  puc^idng 
wall  fiYo.     San  Antonio  Vatar  Cotpany  pjia.  in^s  valla  6,  4,  0 
and  Haakoil  «ell  ':0.  2.       3<n  Antcnio  W&tor  Coiaj.>wiy  puBiir^ 
all  <)ells. 


]       >4 

A    That  Ib  July  If),       That  is  iw^.at  I  was  p;attinc  ft^*     ^rom 
t)ifiX,  down  it  has  a  veiy  narked  decline  una  dioc>\ar@a« 

U\U  BRITT:       You  are  ^loing  to  the  Hellr-an  c«ll? 

UH.  C:  APl;A!<:       I  an  not  \Mt  the  witness  is. 

Q    Look  at  tMs  disA^am  vdiich  says  'hey  are  pum  inr  all 
the  v.ells,   and  that  continues  till  t>io  next  note  or:  the  bm4>. 

Q     7'lat  rio  you  iT.nt  r-o  to  eay? 

Q  I  Want  you  to  aay  whether  that  ejuu£.x*u  bhou  .  film'; 
off  in  the  tunnol  ayfitaoiatic&lly  or  reoponding  to  the  ] jump- 
ing and  not  }3um,>ing, 

A    Vron  July  lb  to  Jauuaiy  fj— — 

Q    But  ;ibove  t^ut  is  the  Sun  Antonio  Water  Comi^kny  piasping 
HaokcU  rell  No,  2? 

A     Yoa, 

Q     /a>d  you  say  that  continues  until  the  next  date,  and 
tliat  itt  7)*iat  date— iiarch  20,  ana  t};at  would  continue  acccrd- 
iiV^  Lo  the  note  on  your  diu'^ram  to  July  11? 

|y[H.  BRITI:       Let  ao  agi.in  call  your  atx,entioa  to  the  cir- 
cuBUitancd  that  you  are  refsrri^  to  a  dia^asi  which  purports 
to  show  the    -ise  and  fall  of  water  in  HallBian  Wei.  No.  2, 
wliBrena  in  the  >/itnoHB*B  ezaiain&tion  where  a  parallol  is 
dr.'iv/n  With  this  diagram  bofora  us  with  exhibit  No.  5  and 
exhihit  No,  60,  or  water  jumuin..';  fi-on  the  tunnel;     and  1  tnink 
the  continuity  of  the  vitneaa'u  story  is  shewn  on  exhi>^it 
3  («nd     Ti   OKiubit  Mo.  60.       boUi  of  ihan  purport  to  shew  ths 
history  ui    the  wat«r  di8char.>-e  from  the  Mady  tunnsl, 

UH,  C'A^lilAN:       1  say  this  diagrui  shows  the  datoa  in  which 
he  aaya,  or  the  diagram  says,  a  certain  cornition  of  thin  a 
existed,  and  that  it  continues  till  the  naxt  nets. 


MR.  BH^ri:       I  dcn't  knuw  wliethur  the  dlaeraB  »•/•  ^^at  or 
not,  l)ut,  I  thxriK  It  would  contribute  BOriewliat  to  the  faimeufl 
of  tho  n&rrativa,  if  the  vitnasB  continues  to  talk  ^cut 
exliibit    .hre<3,  or  rathier  the  water  froa  the  tunnel,   riuther 
than  to  switch  over  to   "..he  flow  of  water  in  Hellrjnn  well  No. 

2. 

MR.   C':;M>;:A1J: 

IB    Don't  yyu  reB^anber  when  Mr.  fri  ;Jit  woa  on  the  stand  and 

this  diagram  w?.a  introduced,  thf^t  he  e:q)laint>d  what  thaoe 

uurka  on  tho  Aiu-^ttm  si^rnified?        I  wasn't  t^J.kin'^  to  the 

witness  *  out  the  ffact  on  tho  ^lelL    n  v.-oll,  cr     oil  No.  2, 

or  the  Artooian  well;     but  thn  diaj^rain  wtuch  is  8U,j  osed 

to  h&TC  boon  rmde  a,  fro-a  oxl'iibit  three  ohovrs  whFAt  wells 

vrurtji  ^lua.ing  and  l'rtr>  vhat  day  to  i*iat  day. 

MR.  HRirr:         Tlie  priaary  etidenoe  is  ejdiibit  three. 

Mi.^,  C  lARiAN:       i  knew   v.  is;     and  I  called  oia  attention 
to  tho  diacrati  that  he  '  os     ot  u.    here,     I*    ricea  not    corroo- 
pond  with  exhi  it  *.hroe, 

MR,  BRITT:       That  is  «  difforent  prooositicn.       If  you 
can  show  Uitt  I  have  no  objection.     I  thou<;lit  y(u  were  pursu- 
inj^-  a  historj'  of  t}«  diachar^e  vi   me  vatsr  fron  wiu    unnbl. 

MK.  Cf.ABUN:       I  ari.       Lot  ne  oall  your  a-tention  to  the 
diofsTuti  exhibit  6b  again,  and  what  it  aays:     "Shn  Antonio 
Water  Corv.any  pua  ing  Haakell  Well  No.  2,*      That  is  on 
ths  date  of  ilarch  2l)th,  1904.       The  next  indication  on  this 
map  is  "Sen  Antonio  Water  Coa:«ny  pusi,  in*^  well   No.  b,"  which 
is  dated  July  12.      IhuMximtlisrmtMrxia.  a Jdne.  drawa  yToy 
a£xlxflBxKBBi]U(/af/:wa](lff-.:aBdAacn8B  that  linaxjurexaeverakx 
So  according':  to  t?.iB  diagrsn  and  the  explanation  by  Mr. 
Wri.,}it  t}«  Haskell  *eli  was  iJUHj^ed  continuously  between  those 


1'^")(i 


as 


1 

2 

3 

4 
5 

7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


dateB«       Now  I  coll  ycur  attention  to  •xhibit  No.  5,  fro 

which  this  exhibit  3fi  wub  conpiloa,  and  to  tha  fact  that 

that     ell  was  not  puoijXid  continuously  batween  thoM  dataa, 
A: 

I  didn't  Hay  tliat  e:diibit  3?^  bo  statae  spacifically. 

Q     And  I  didriH  aay  that  it  did,  I  aaid  t>^t  Mr. 

Wrirjht  said  it. 

A    ]J!r.  ?7ri?Jit  is  the  boat,  evidanta  on  that  point  and  I 
nia&t  docliy^e  to  add  anythm;:  to  that, 

Q  Didn't  you  toll  ui.«  in  your  axwinaticn  f/^at  you  helped 
const n»ct  diai^ran  56? 

A     Froa  the  tine  I  cctoc  in+x-  the  euit, 

Q    Ifhon  wea  that? 

A    July  Vj,  190^1. 

Q    And  you  wore  testifying  and  givinp  year  Oi.inicn  aa  an 
o^rpert  that  tho  pumping  of  theeo  vella  north  of  Baae  Line 
afffctcd  both  the  tunnol  gnd  the  watera  on  the  e  at  aide. 
You  were  not  t  atifyinji  ''ron  thia  exhibit  three,  ner^  you? 

A     "ertainly  I  wsa.       TTjit  haa  all  been  a*oi-n  to  by  Mr. 
UfireVi.      Ha  waa  hore  on  tho   st^ind  and  teatified  that  aa  f^^r 
aa  hia    -ortion  waa  concamed  it    b  accurate. 

Q    Did  vcu  know  what  he  teatified' 

A    I  waa  here  v?han  ho  toetified   . 

Q    rid  you  know  v/hat  Mr.  ^ri^^it  taatified' 

A    I  wca  here  vrhen  ha  tontifiad. 

Q     Do  you  nsraember  Jiiu  explanation  of  thia  exhibit  ac? 

A     Yoii,   I  rumoraber  'in  expl«net-1   "^ 

Q  I  Cfili  your  attentirn  a^gain  to  'he  fact  that  according 
to  exhibit  throe  the  Haakell  well  waa  not  y\m^>€td  during  tho 
tine  ropraaoniod  here.       Mr,  *rl  tt  aai':'  when  thara  waa  a 


>  i 


B 
9 

10 
11 
12 

X  13 

« 
z  •- 1-' 

_  X  I  ^  , 

'  .  o  1  c 
a  -I  £  i.~> 

^  o  a 

17 

IS 

19 

20 

21 

^2 

23 

24 


11 
28 


rourk  ncroBB  hero  siting  that  a  conditicm  of  lhin,:;H  existed, 
it  rontinued  till  tn other  note  was  cmde,  and  thiut  that  vai 
true  with  th3  exceytion  of  one  place  whore  for  a  lon^  i^ce 
of  tide  it  said  thoy  were  pua^-i/ig  und  tiiat  he  Know  t,"ey  wert 
not  piuttjiin^^  all  the  tinie.       That  was  not  this  s^ce* 

?,fR.  Tr^p|>^T.7j,:       To  toetimony  was  th&t  in  a  certain  Si^aca 
of  tir.jf;  iiULie  oi"  uid  tir-w  there  ireun't  .'.uy  ^>umi  in^.       lie  did 
n't  3ay  all  the  tiao.  ie  aaid  scuA  of  the  time  the  i^UBi> 

wae  broken  dcr?n. 

A    If  I   '  od  f.\r.  t'a  t..fii.iaor.y  before  lae  to  rafreih  ny 

nemcry-  — 

C     p,-r   orr.^   in  r:-  Hfo  T   ,vn  ^sHir^r  the   truth  w^i«n  I   Say 
ho  dio  Kay  tiij;t  after  a  not-o  on  ti:ia  ahoet  the  condition 
existed  till  a  new  not©  wae  rjade, 

A     T^io^i  if  lit   fic    stHted  thr*.,  there  is  a^parantly  a  wxs- 
t  ke,  c^nd  tr^re  is  .^n  error,       (         .  t..o>  sto^jj^  pum  iii;^ 
t})e  Hnskell  \7ell  No*  2,  acccrdirv;  to  this  exhibit  throe, 
CT,  the   27th  of  Vchr.:nry,   1904,        TJo  Haskeil   jteil  No.   2, 
kn-vci  ua  ^oll  No,  o^ 
C    I/;t  iio  ask  you  for  your  infonattion  of  exhibit  5ti,  wliat 

Oil  s-  V  these  no  to  a  nrrk? 
A    Tu       .irV  ttio  rise  -nc  f^ll  of  Uio  ^Atur  in  Artesxan 
(loll  no.  2    irri  Hollnun  well  No.  2. 

Q    But  hero  in  tho   center  is  a  line  dr^wn,    "Tcp  of  ir<fi 
25  ihsir.rr  of     oil,"  and   acroas  tli/it.  line  v.^co  o  w  i 

ifferont  g-oupB,  for  inat  nee,   "Stin  ^ntonlc  "i'ator  Co. .  an^ 
ot  p'lH^i^Tg,*        M  .'.  do  you  urjd5rot:rxi  *.):u'    Muh  is  the  in- 
orciiitii'U  Uitt  WW  are  j^iYen  fro;    •^.xb  ^uxu^.  wnoro  Uiu  San 
ojJnttTiic  Wator  Cor  any  is  not  pi.  ,  and  which  *8  about 


io  yi 


»H 


3 

4 

5 

b 

7 

8 

9 

10 

11 

12 

13 


16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 


Jattmry  9th,  1905,   to  AajiBt  16th  of  tho   mm  ye  r? 

A     '.Veil,   if  Brother  Wright  had  ■aid  "ceasad  pum^  injg"  it 
would  },avo  conieyod  tho  fact  a  little  clearer  and  it  (ontj.n- 
ued  then  till  they  comionced  pum  ing. 

Q    You  hftd  come   into  tiia  cat*  wV>.on  Uua  nouo  herv  wrb  made 
of  J4nuai7  7th  or  0th,  1906,  and  ^vu  aelped   >^^'  caoviuct 
t!  io  dia.f^r  .n  frou  t  at  time  on? 

A     1  holped  to  acquire  tho  data. 

0  But  you  dian't  help  conatruct  tbt»  dia(;raia? 

A     It  waa  platted  by  Ur,     ri  -nt'o  aoeicit'inta  in  hia  office 
uiid  .0  checlzod  it  out  from  the  notee. 

Q    Do  you  know  thwae  ni/tea  Liean? 

A    Yee  sir. 

Q     ilTiOi  do  they  a»an? 

A    That  t}iey  ceased  pi«Bt>ir^  at  liiis  date  given  >iero,  vhich 
is  Juna/jiry  10th,  and  Uini  tic     cooBMOced  pum|/in  ;  agfun  cor* 
Udr\  v;eliB-— No,  8— •Sfin  Antonio  Ct^.ipany  pumi.im';  v.ell  No, 
8"  on  Au  ymt  1ft,  190r),  aiid  then  that  vaa  all  apj»ar©ntly; 
t}i'it  they  ]}UH|;od  until  Au.\iat  2«id  of  Uitr  aaoa  year,  and 
then  they  puoqied  one,  six  and  ^ight,  eiid  the  next  day  they 
piaB]>ed  one  and  to,  and  the  next  day  after  one,   two  and  t^iree. 
Mid  tiprmrently  kept  that  up  until  <,he  i;ith  or  14 th  of  Suptom- 
her,     nd  they  u«jm,'6d  ono,  two,  three,  six  and  tti^^t,  and 
cont  nuod  ttmt  on  one,  two,    t)rce,   six  '-nd  eii^t, 

Q    For  how  long? 

A  Ontil  the  6th  of  NoTeaber,  1.  ;xbit  Uo«  j  «.U1 

tthow  it  aore  definitely  or  in  det-iil, 

1  Here  is  exhibit  No«  '6»        SepunMr  iJ^Ui  u.\tfy  uion't 
]<uin]j    .ells  tJ^iree,  four  and  five,  did  they? 


I. 


J 


A    T}iey  are  not  recorded  on  *J  is, 
wo^is^^^^^i  <^i^  ^'^y  in  Saptoai)ar  fint  piaip  oitbar  of  thoM 

A    Ho  re.       On  the  Z5d  'hey  were  iJum^  in^> 

Q    «hat  weiia? 

A    >'ellB  nuBber  one,  two,  three,  four  and  oj;-^it. 

Q    For  one  day?     Isn't  tJ-^t  ao?         That  vaa  on    xio  cjA7 

A     I  don't  think  it     a  no,       IVey  iroro  pum,.inf;  on  the  2od. 

Q     Tiien  whan  nert  die'  thoy  pump? 

A    They  nmy  hava  piim,.'ja  .^rtor  tritil — - 

Q     fihon  next  dooe  this  exhibit  ahoir  that  they  puH^^d? 

A    On  Uio  .50th  liiere  waa  one,  two,  three,  four  and  eip^t* 

Q     For  how  long?       Tliat  was  for  one  day? 

A    Ono  day  i»  recorded  hare, 

MK.  BxJTx:       Q    Doea  that  say  one  dayt 

A    No,   it  does  nut*       It  Qioaply  says  on  thie  day  they 
wore  ^^uapineSi  but  it  doea  not  aay  Uiey  were  not  puBj 
after  thiit* 

Q     "Blank,  no  observation." 

A    T^iht  (ioon  not  t:«aD  there  wam't  any 

Q    Ko%  do  you  know  there  was  pua};injE^  or  net  ^f  ti.urc  *u& 
no  oboerva^'ion?       "o"  as  to  wuirs  aeans  no  water  and  tib  to 
woliB  r.jeiina  not  bon^  pumi/ed#       The  'X*  rnei'iis  beim^  -uxa^»ed, 
but  no  mdasuroaint  taken*"        That  sheet,  as  it  is  descnVted 
here,  blank  moans  no  obaenration  taken.       At  none  of  these 
datou  iiaiiced  on  this  diagram  .'ere,  from  ^epioRiber  12  to 
Septduiber  20th  on  that  dis^asi  is  left  as  thou>>i  no  ohsenra- 
tion  }iad  been  taken. 

A    No  sir.       Ab  vo  tj.io  on  April  ibth  there  is  a  statesMot 
mde  thvit  iiie  v.  ell  a  were  being  pumped  bat  the  weira  were 


1 


tU 


1  btiin^^  pumi>ed,  net  it  vm  ispoaaibwU  lo  ckike  an  obMrvatiun. 

2  And  tlidt  rmy  have  been  the  c«Be  and  proVubly  vna  on  t.sjxj 

3  other  dryB, 

4  Q     Was  it  the  c&sa? 

5  A    Tfial  ti^.ey  were  iochfjd? 

6  Q     Do  you  know  t,hiit  L.jit  lu  -^^le)  ex^jlariat.iou? 

7  A     I  kno^  Uvsit  many  tiiaaa  L'-j^y  »f«re  iockod. 

8  Q     Do  ycu  knofw  that  trif.t  .all  oxi)iiiJ.ii  iii'j  ijapa  in  thie 

9  ci.art  No.  '6'^ 

10  A     II*  1  iMui  Mr.  R:jid'5  ori£;xrial  aa'oee  •^\^ch  wera  irjl  in 

11  hero  ..hon  he  watt  here  en  Ui'i  eUinc,  i  foula  ananer  that 

12  bot-.r+r.       If  I  had  ju^  v.ritt«ti  not«B  i  cwu-t.d  uhon  juu  aiactly 

13  .?}!at  he  Bay 8. 
Q    But  you  hutn't  oo'thcc 
A    I  ba.ve  igu  -  Uiw.j,  Lui  i..  ©J  fti^j  ijii  Lcd  yjacjoiea. 

16  Q     But  you  bivnH    fit  th«*!n  )cre.       On  Jonuary  i>th,  1905, 

17  you  8By  t,>io  pou}  8  did  coaiie? 

18  A    Jaixuaiy  I)th,  1906,  two,  three,  j^  ui   ^it!  ua  jit  ware  iiura^>- 

19  ing. 

20  Q    On  Jeaxiniy  6th  tlioy  oe^ad  ihon,  vasn't  it? 

21  A    The  71ii — nc,  ukq-  wara  j*w.'infc5    ^^  ^'^^  ''^*-^  •'^d  the  next 

22  daL  >  cuoB  tc  tiie  iOth.       I  praaoaa  tray  ceaaed. 

23  Q    Didn't  you  taat^iy  in  your  direct  ax&nunaticn  that  they 

24  did  ceiiso  ;xj\A  that  thoy  didn't  caaaanoa  ag^an  t.ill  what  date? 

25  A     On  July  lOtii  or  19th,  ^oll  No,  8,  ia  t  e  first  tiiae 

26  thby  be^un  to  puMp  batvaan  thoaa  Vmo  dstas.      T)  at  xa  the 

27  firot  obaorvation    a  hiul, 

28  Q     Didn't  you  teatify  in  your  direct  exMoination  that  the> 

29  did  CfMUd  on  January    'tii,  i^^Oi),   and  tliat  then  the  water 
m  to  rise  again  on  Uub  uiaf:r 


1'J      . 

1 

A    That  JLB  correct,  at  i'ar  aa  I  kno«.     Q  Then  this  exhibit 

2 

No,  3  shows  between  those  two  dates  the  aan  blank  space 

3 

with  no  notes  at  all  that  it  does  in  the  ,jlaces  to  which  I 

4 

csllod  your  attention  before?      T»iero  is  no  difference  ks- 

5 

in  the  not.-stion  at  oil,  is  there? 

b 

A     No. 

7 

Q    ^liat,  is  ^he  riist-ance  frorri  the  Haskell  -fell  and  these 

8 

others,  ono,  tv/o,  three,  four  and  fire,  to  well  14? 

9 

A     I  think  it  was  testified  horo  to  be  tkout  1300  tc-.t. 

10 

Q    ?r»iat  do  you  say?            A     (Scaling:  on  ibsj;)     Well  No,  14 

11 

to  well  Kg,  3  is  18  inches.       That  would  be  240Cj  feet. 

12 

Q     How  far  is  it  to  the  Haskell  wwll  from  well  No.  14? 

X     13 

■1 

A     Kbmt  foiJr*.©f%n  inches,  about  a  Bile. 

Z  ^*  W 

=  «  5  -  . 

G     How  fur  are  those  wfills,   t>  o  Haskell     ell  nnd  the  well 

*  ul  " 

a-.  £  l3 
a  <  u, 

<§2 

^:-i6 

No#  '6  thot  you  hav6  juat  luoaaured  frou  krteai&n    ell  No,  2? 

A    From  well  No#  3  to     Artesian  well  Ko.  2,  2700  ftet. 

0 

17 

Q     And  how  far  fron  t.ho  'ftskrll   -/ell? 

18 

A     3600. 

19 

Q    Ho^  far  is  ti^e  iiaikell  well  frai  tho  Cucaoonga  S>irii^8 

20 

at  t>e  place  titat  ycu  ^*v a  in  vour  aind? 

21 

A    Soa9?rhore  in  :Jio  nci  ;iuuri;ood  of  a  mle. 

22 

Q     rid  y  ju  raa^sure  about  the  Haskell  well? 

23 

A    Yo£  air. 

24 

Q    Ho     f  r  Traa  the  hono  Stiir  voile  and  tunnel  t-o   the 

25 

^ucainon,'.:a  Sprirj^u? 

26 

A     Abcut  4fl00  feet;     nhnxt  tlie   ssflB  distMnca. 

27 

C     How  far  is  it  to   u:.e  our.nr  •rell  on  the  hone  Star  tunnel? 

28 

A     4/)00, 

29 

Q    Ji'^  fa)-  frai  *h    Cucamon^'ja  S^^rinf^  to  the  wells  on  the 

:5>-€icre  tract,  tJiat  ii  No.  7  find  6  I  balievt? 

A    You  wtnt  fron  the  ^luMMQQga  Spring!? 

Q     To  the  3')-Rcro  trart  wolla. 

A     4200  ffjet, 

Q     /'.re  those  vrello  aII  closo  tcj^etnor,   five  of  than? 

A     TtAi  is  what  Mr,  Stowoll  t-  stifled. 

Q     Are  they  all  rloae  to  ^ethor? 

A     Tiiey  hiy   ^i  i    .  .Ihi:)  400  T^et.     Tbosi  nn  uhc    u*;ll8  on 
iJh.e  5:>-HCr0  tr-f ct. 

Q    f'ow  far  is   it  fron'  tVf;  Ouc-nor^,  Jnrlrrs  tf>  will  Vo.  14? 

\^.  BRITT:       Q     ';?h«it  :;re  y-'..      o  .n.,.r •  •:  ;  fr':      .f:     :  ^     ^:,  riP'Ti? 

A     I  Mia  rje<i8un>!g  fro.:-  the  box  nt  Mountmn  Vio«  hoteU 

MH.  rnAT>:,fJtN:     Q    ahere  Ifi  Iho  :)Oint  o"  divjruicn  fro.i  the 
Cuc>ijaoni'/;a  Crook? 

MR .  BT^TT:       Do  you  want  thf*  Ifo-inch  pijtlinu? 

UR .  C  'AF'AfJ:  Wliere  the  Cue  auoi^s  Sorin-^  tit  the  pi|>eiine 
start , 

A    Ri  -^t  here  it  is.      T^jere  is  a  difference  of  over  9u0 
feet  in  tho  northwo8t«rly  dlrectiw,  in  Vo  direct  direction, 
wiiich  vouid  mrIco  a  difforonco  in  those  ae'-SUi-erawntB  of  600 

fftOt, 

Q    '^^lich  ones? 

h  f.,.v  r^en  I  havw  recently  ^iYsn;  to  the  different  tfells 
in  tho  »6'i-acro  tract. 

Q  But  it  vould  have  mo  effort  on  the  meaiurtinents  of  well 
No,  14  or  Artesian  well  No,  TT 

A     Ro. 

WR.  BFITT:       Q  Pid  ycii  raeeovre  all  froa  *he  saro  ].oint? 

A     Yes  sir. 


r"''>r5 


3 

4 

5 

b 

7 

8 

9 

10 

11 

12 


X  13 

■I 
a  >-  H 

<  i  " 

Z  °=  O  1- 

M  ^  i  1.-5 

.n  <  jji 


16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


, 


MI^.  CHAl^WAK:       Y^u  are  miit'tken. 

A     I  uiKieratood  Judge  Britt,     if  I  njade  the  maaBAroment 

of  tho  SprirL-8  froia  the  aaoi  i>oint, 

Uil.   CT^/iiNH:       You  ■•aaurad  thoae  on  the  weat  eii  a  the 
a&i'io  hB  tho  oust  aido? 

!.ui.  CiiAPuAJi:      He  uaaaurad  fru..  -oil  14  on  Uio  aaat  oitia 
MT(i  from  Art«8i«Bi  well  No.  2  on  the  woet  aide* 

Q    ^it  is  '■Atjo  (iiutujicu  iroiL  the  QamuHmg^  Springa  to 
.Vrtofiitin  tiuli  Ho,  2? 

A     About  5700  feet,  between  thet  and  3G00  foot, 

Q    '/Thfit  Ifi  the  cM^parative  •  ievaticn  beivean  Artaaian  wall 
No.  2  arid  Cucanonga  Springe? 

A     Juat  ab-vft  tiio  Springa  tliere  ia  no  ccntuor  axactiy-— 
tfio  c!ontour  that  touchoo    .ho  Springa  ia  1280  and  tha  contour 
L>iut  touchoi;  Artoaian  vaLl  No.  2  is  1*110. 

Q     t-'JL   Ui8  auf>  ^  <      ^    'ttlx  14  is  ♦.hat? 

Q    No^s  the  depth  tc  vriere  Uie   Uinnel  cuta  tli6t  is  aona 
i/^ierc  Acuv.  100  fjot,  ian't  it? 

A    Yeu,       Aitcai&n  doll  Nj«  2  la  at  ihe  button  of  a  ahaft 
whicii  xa  (>4  foot  d  ^op, 

Q    3elcv  tilt,  {iurf^co? 

A    Yos  air. 

Q     I;i  t!mt  to     (»  added  to  the  eiaTati.n  that  you  ^va? 

.\    Ko.       Tba'v  ulovuti^n  tfiat  I  ,>vo  you  o  .;1it  to  ba  tha 
eltdvatinn  of  ^ha  surfaca,  and  tha  vali  No,  14  is  ^he  eleTa* 
ti::n  at  th^j  aurfaoa  and  not  «hora  it  n  cut  off  m  the  tmial. 

Q    Y  u  Bay  Artoaian  well  No,  2  hai  a  aiiaft  Uisre  of  what 
dopth? 


1 


41 


A    My  recollection  is    4  foot. 

Q    Doei  '-he  water  overflow  t>here? 

A    No  sir* 

Q    Hov  far  is  the  water  fr«a  tht  bottoci  of  ihc  s>iaft? 

A     It   la  according  to  the  ^\ju^in:  dona  by  the  waliff  knuve. 

Q     I  am  Ojieaking  of  Uic  norr^ai  iefei  of  it, 

A    I  donM,  raoollect, 

Q     Before  the  a^iaft  waa  put,  riov/ri  thero  it  ^ac  atfLnriin^ 
near  the  surface? 

A     That  was  before  my  tiiae,     I  don't  >:n...it  ai  u  faet* 

Q    What  obHervationa  l^iTe  you  aide  in  that  ccciicn  of  '.he 
country  fror.  wijich  yuu  aacert&ined  the  trtna  oi    -l.b  unaor 
fjp-ounri  water? 

A    T^te  davtdOiJBBBts  in  a  Baaaure  incicate  ^h^  *  rond     f  the 
undorgrovind  water.     Mao  the  aurl.cvi  ciuuliu^  .  ouxa  in  a 
ueaouro   indicate. 

Q    la  tl'iero  roore  tlian  one  airfaoe  chajwl  in  that  section 
•f  tho  country? 

A    Oh  /CB,  thero  is  a  number;     mom  aaall  cuod  soiob  large. 

Q      "■.ere  ai'e  the  jjrif;ciiJfil  ones? 

A    T})e  prinuii>&I  ohannel  is  Cucaoon^  Cretjk,  ^nd  that 
ke«j>8  to«;ether  in  one  c^isnriol  for  some  distance  down  in  a 
Boutheasterly  direetion,  uooe  little  distance  d9  0ve  Uie  Rsd 
Rill  it  breaks  into  severcvl  chzionels. 

Q     On  tno  aurface? 

A    On  the  aurf  c  ;     a  nunber  of  then  cvjoung- — in  fact  the 
rAjority  of  the  channels  sees  to  tgfi  towards  the  south-east. 

Q    And  sc>nie  uf  t^.ubi  towards  vhatT 

A    And  I  Uunk  sons  of  U;a«  teamrds  tl^e  scuthveft* 


1'?  \5 


Q    Do  a^w/  of  Ihem  conf  from  tiid  wtatviurd  of  the  itod  I! ill? 

A    Well,  the  whole  country  ih»re,  there  is  decicedly  a 
trend  of  some  of  them  west  of  the  Red     ill. 

Q  Did  you  evdr  know  that  country  when  there  wee  a  living 
Btreazi  flowing;;  fro:  the  CuceaMiBa  Canyon  to  the  west  of  the 
Rod  Hill? 

A     I  did. 

Q    How  long  ago  was  that? 

A    That  I  dcn*t  ronem' er.       I  cem't  cay  ponitiTely  on 
thut  laatter. 

Q  Pror.i  ycur  ohaerfation  }iave  you  formed  any  opinion  as 
to  where  Uie  «Lter  dlTioee  <uid  flows  part  to  the  east  and 
part  to  the  weet? 

A     Somei/here  north  of  Boae  Line, 

Q     And  whereabouts  on  tho  Paao  Line  or  nortji  of  the  Base 
Line? 

A  That  ie  proi,ty  Imrd  to  indicate  exactly.  It  ia  prob* 
ably  not  foarther  than  Uio  firot  tiile  nortJi,  f.nd  porhapa  leeo. 

Q    How  far  is  it  from  the  ncrthcrn  boundary  of  the  Cucu- 
monga  r  Jicli  to  th«  oan/on? 

A  I  am  not  failiar  with  the  boundaries  of  the  Cucusoi^ 
randio. 

Q     About  how  far  frcn  th*se  nort.hozn  wells  is  the  isouth 
of  tiie  Cucaaor^  canyon?      I  nra  oi/eakin-  of  this  line  of 
trulls  that  have  boon  0]vokQn  of  here  as  wells  nuobor  1,  2,  5, 
4  -ind  5, 

A  I  t,hini;  tni^t.  uie  j^^wsranent  T.opogn,<  icr.  i  r&p  shows  it 
ibout  throo  sales  in  a  direct  line.  Of  rcureo,  the  crook- 
ednoBB  of  '.he  creek  ui^i  casks  it  nore. 


ii- 


I 


)W 


Q     If  t>(0  too  of  the  maj->  w«re  noved  far  onou(^  norVh  to 
include  the  Oucamon^  canyon,  about     uora  *ould  thjit  cn-or 
the?  top  of  Ihis  riaj)  or  a  atream  of     ater  fiowirv-;  froa  it? 

V  .,  BRITV:  I  don't  ^-ot  l>o  crift  of  thia  queation.  I 
A' aula  like  '.o  know  whrit  xt  rieana,  "if  *>iB  c*a;'  wera  laofdd 
fur  enou!:h  north  to  include*  and  bo  forth, 

0     I  raefji  if  th«»  riai)  itaelf  waro  oxtvndad  frr  enou  ti  north 
to  includo  the  canyon  within  ita  liiaita,  ibouv   «hara  would 
it  onter*!* 

A     It  would  ba  altogether  ^eaa  work.       I  .jrefar  to  hata 

Q    Dt^n't  you  kno  ^  the  direction  of  the  mouth  of  the  canyon 
fror.i  tlio  '•■ar^kall  veil? 

A     Sone  h'-t  northweiterly,  according;  to  wy  recollection, 

Q    Kron  the  Haaka  1  well? 

\    Yoo  oJr. 

Q  i)o  you  race  71110  thia  blue  line  batwaen  the  eien^^a, 
and  wliich  have  hcen  doacribed  at  raarkin''  the  ccuraa  of  the 
fltw  of  Cucwaon^a  Crsak? 

A     1  recognize  thr.t  lina. 

Q     Did  ym  ovpr  aee  the  aatar  fio«-.-\-    d  n     I'-nt  Line? 

A    I  a^'iw  tht    water  ''lowin/?,  jraa. 

Q    ^-ooa  thpt  approxiaately  ahow  the  flow  of  the  creek 
t!  r  cu  !h  Uiia  -rwip  herat 

A     Kviaontly. 

Q    ''rlLowin^^  that  wnih  i^ich  way  do  vrij    -o  .,nH  ^M^i  n 
the  a  1  recti  on  to  the  aouth  of  CncMWupa  eaaycat 

A    Northwoatorly, 

;    Your  rocoliection  ia  thnt  tha  eao  ih  of  tha  Coeaaoi^ 


canyon  ie  to  tJie  northwsat? 

A    Northnveat  of  the  H«jikoli  veil. 

Q    And  about  now  far  distant? 

A    North  of  thu  Una  of  this  u^p  to  tha  mouth  of  tho  Cuca* 
monga  canyon,  aooot/hera  between  three  and  four  oilst.     P^r* 
hapfi  a  iitUe  uore  or  a  little   loaa* 

G    About  wiuro  co  you  Bhy  is  tho    Ifice  »here  there  is  s 
diviaion  of  tho  water? 

A     Wlicn  you  got  vo  tho  Red  hills— -you  mean  the  diTiaion 
of  tb:  *at«r8  of  Guc!iaon5    Cr*}ok  cxclueiToly? 

Q     Nu,     Of  tho  percolating-:  or  undericgroand  crater  coning 
from  the  mountain  raa'^. 

A     At    -1  o  apei  of  the  Red  Hill. 

Q     »hr;t  do  yuu  iridicate  on  ths;t  nap  as  tho  upex  of  tho 
Hed  Hill' 

A    Hore  ia  tho  axis  of  it  runniL:;  frtxu  Lot  6,  uaHced  lady, 
and   rumun  '  up  clo»«  to  S<»ction  <1,  and  Cvntinuii^    Us  out  900 
f'let  oant  of  woli  No,  5*        That  is  pretty  near  *>  t'  axis. 
And  the  a^jex  of  fne  Heci  ^.ill,  ahere  it  aeooui  to  distln^quish 
frofii  the  jgonoral   .lain,  la  eofjfjw^iero  thia  aide  of-— probtbly 
.00  I'dot  southerly  from  veil  No«  5* 

Q     After  their  diviwion  it  is  your  o.iinicn  that  the  under- 
fip^ound  waters  flow  ;.<art  of  th.ea  in  a  westerly  and  south* 
westerly  direction  and  the  other  in  an  e  nterly  nnd  scKith* 
o  sterly  direction? 

A     Tiiat  jiS  ny  o.  xnion.       And  it  nay  be  that  there  is  an 
intercoomunication  beteen  the  east  cbamel  and  west  ch&niel, 
as  far  au  ihe  undHr)B;round  flow  is  concerned.      T  dir  ^'.deTa* 
tivH  is  uib  iiaBe  and  te  indieations  are  from  exliibit  aiem 


Ui^t  since  V::o  dovolo^joonti  on  the  weat  •lae  bava  oeourrod, 
there  has  bofjn  a  dearth  cf  ra'or  on  tVo  oaat. 


Q     <;>uit  i^Itl&II  we  unaortii.u/'j 


'ii.       V^'vi 


n?       Thai 


;.cre  la  a 


ba  o  ,>oo8ibility  that  there  nay  b«  c^n  unti         -und  cocaamica- 
tion  l)et  .oen  them,   or  Uuit  it  la  y.ur  Oi.inxon  t>uit  there  la 
Bucii  a  one? 

A     Tuaro  ib  noth  ji^;  in  th«  nature  of  the  aoil  to  |irohi>iit 
tiie  8U]j,  oaitii-n  t  at  *J:ere  'av  be  u  pc-rcoLution  "t'ror  efiat  to 

noithcastcrly  oi   tne     aat  cr.urinel  aiid  northwe8t,arly  of  the 
e  6t  diamiel,  and  viiaro  t  ey  meet  toother  ^nd  go  into  a 
cocmon  undorgrouiici  roiiervoir. 

C     I  as/.  yi;u  11"  yc;u  luOiJi  i.e  aliaii  u;>derctur.c  th^t  it  la 
yi'ur  opinion  that    here  i&  audi  r isaojdiicution  or  U^at  in 
yc.ur  oi;iniori  uuth  a  Unnf;  may  t<.  ,  uceibie? 

A     I  Can't  unowar  ejiy  oUier  fcuy,  and  I  d<r.*T,  auaert  it. 

Q     ,\jYi  you  itndLt  uuaart  thbt  it  la  ycur  o^iniui:  t     t  auch 
a  thiJ3j5  oLy  be,  ana  ...  \,  ^^    -a  fur  ac  j/»)U  ^joV 

A    Tliat  is  uB  i'ar  ua  I  dare  t:o  with  the  jmiuroLtion  t.^t 
i  iiaVtt. 

U    X  iftjit  yuu  vi-o  rsjieat  -iiiit  _.   u  itve  to  any  ribout  the 
cuL.^>ij:uualiou  b<it«;eetii  ^hc  uixuur^x^^^na     atera  ahvTa  t}>ia  ^'Oint 
•iiere  liiey  ai.ver^^,"e,  on*  v^  to  the  eaot  ana  u»e  oi^er 

to  the  «est* 

A    Tlie  unaeri^'ouna  *ator  in  Umt  lium  norUa  ui  the  Uod 
Hiii  io  €d\  accujuiatin^  rotoa-voir  of  the  undori^^round  water. 
Tnero  ia  a  clt&i^  of  groao  obote  the  Baae  Lire  vhere  it  b«- 
cocjsa  ieuo  acuto,  und  U.erefore  tha  w&ta:   r.ccuiiulatoa  there 
as  it  kl.  uya  dooB.  It  la  thbn  diatri luted  lo  the  aaateriy 


I 


1  sido  and,  a.)jarently  frot.i  exhibit  11,  a  rmjority  of  it 

2  BO  diverted,  and   oQ:ie  of  it  wont  to  tho  weitttrly  fide,  and 

3  it  fleeani  now  that  the  larger  ^yor'^ion  went  w«tt  and  the  ■nai- 
-^     lor  j;ortion  went  eust, 

Q    Va9  grade  of  which  you  ajeak,  which  I  Ad  oocroased, 
riOGB  it  fontinue  to  decroaoo  f a  you  fo  aouthT 

A     It  ccntin'Tnn  an  n  flr.t  r'rr.do,    cori.sred  to  tho  northerly 
f';r..d;r. 

0     Arid       at  is  the  grade  fron  the  Cucaioont'iii  Spring!  u,j  t« 
tlio  » Qiikell  '.7oll? 

A     Pret'.y  near  200  f  ot  -m   vio  :::jLic, 

Q     And  ft'hat  is  the  ^^ade  ^rora  the  Artoaiwi  well  Ho,  2  to  a 
point  due  weat  fror^  t^e  ^'Riikoli  -.fjll^ 

A     Thoro  Xii  I'cf)  f. ';:.  ai.i  crone  u   i;;   u;.u  dleVaux  .;!»»• 

iO.  ;;!?IT.':       i  x^ndoratowi  the  quoBti^n  to  !»  to  a  point 
dm  .voaT,  of  trc  'laakail  veil. 

A     ■■''■'■'  '^'Ch  auo   /ost? 

Q    You  lacacurod  here  tiio     rado  frot:  th«  HaAell  well  do*n 
to  the?  Puc'jftongu  S^jringa.     What  ia  fhe  tX^^de  fron  a  point  of 
the  RtLaj  oletation  from  the  flaakell  well  wwat  down  to  Arte- 
sian W3li  Ho.  2? 

A     I'^ic  ?^ci!  Mil  intorvf^nec  and  llicro  ..ouid  be  two  i^adea* 
Tiitjre  v.uuid  .  t>i^a<  e — there  *ould  be  at  lef^at  vhree  dif- 

ference   Tr:dcs, 

'^     Tl-cre  rouldn'^  be  three  i:;;radet  iTOtt  Artecian  well  No. 
2  ta  a  ,.oir.t  north  or.  the  aace  elevation  with  Vf  ^^akell 
well,  would  there? 

A    ^oll  No,  4,  you  get  a  grade  betwoen  t)ieia-— 

Q     1  am  not  aaking  for  tho    re>-e  between  them. 


27 
28 
29 


ihiit  18  '..}]0  {;rfidd  of  Wiq  country  b«tveon  Artosi«in  woll  No.  2 
ruTlhward? 

A     About  120  'jr  30  foet. 
0     To  Uio  liilu? 

A     Lot.  laa  tee*    Dun'      nit  ^hr^*.  iotm  vet, 
UP,,  VMTi:       0  Ib  Uiery  myhiiir  %^  •.    .;     .\.   .   aL 

norlh  to  tAm?  Baao  L-.iio? 

A     riT.thing  '-.t  t':<i  cl'jv^ti  .n  of  Uif.  .?aLi.       u^-.  huvt  an 

Ui'.  Ci  V  '0  'AlaVvwUsiii  oiT  Uio  woii? 

A     r\c  r.i.U.  rf  rh'j   .-{■11  is  •r;-k'-.',   l-^tlO-— -uil  \c,  4. 

A    1410. 

'^    ;.'ijcir.-  a  difference  of  70  f<:'M.? 

A     Yo:    ;.ir. 

0    in  .7hMt  d'vi'tant^a? 

h     In  ^VO;")  f.^ot, 

0    Can  yuu  teii  ce  fro  .  L:-  v-ziuf.-**     acj--.  on  that  exhibit 

oi\«>  or  Uiat  i:o}>c  LCf\i  ni;^,  in  w'jAt  directiuia  the  waters 

on  T.\-:.'     GL^ejT:  fii.d-"-  v,i;.-,.\lJ   fl.  .?  ir  iurt.  ■  mco   tuo? 

0    Of  t>>i  Re*J  Iliii" 
»     C  ■t.^r  Rfld   -'ili. 

A     i  «ntrtrstv)od  n^-  ficjpeU  ov*r  '-U'-  tfv»rfiiCd, . 


I'j 


Tc-.ja  -.;w»     V  ii"    -..  •'   aurfaov..       ..«  i.-l  ii  ^^i*-  t^ii  foet  over 


thv  Burfaut? 


A      ie;}» 


1  tIT  { 


Q    At  Vri&t  lime  it  was  not  ronnectad  with  turmal  Ho,  2? 
A    No  flir, 

ton  feet  above  tha 


Q     f}ien  t^o  watar  in  that  well 

at 
Burl'ftce  of  tha  grou/icl  lool  wall  No.  4,  h#w  ramy  faat  hijsar 

did  it  BtaJid  than  the  turfHca  watar  at  Cucamorv>  Sprinp;»  in 

olavation? 

ME.  BiUrr:       May  I  imnura  at  what  j)Oi,nt  in  the  Cucaoonga 
Sprin^B?        The  SprinRo  ruach  fror.  near  tii©  Baa«  Lina  down 
for  '  alf  a  mile  or  Eoora* 

MH.  CHAR.AJ'^:       Where  they  come  out  of  the  ground;     ahara 
tho  watera  were  diverted  her«» 

!£<.  i^HITT:       Tho  Cue  iiaon^a  Si>rin  ^a,  tha  eYidanoa  ahows, 
include  the  oi«neg  a  *ind  *i^at  or^tk,  und  whareTer  tha  utter 
roae  on  tho  aurf^ca, 

UR,  CliiAI>.4A.M:       D-iat  is  ao.     Rut  tha  witneas  knows  wa  havt 
had  und'jr  conaidortition  a  point  about  vrtiich  for  \ho  last 
ton  or  fifteen  or  trfi^nty  ya  ra  there  was  water  fiowxn^  fror. 
the  Oiicftiaonf5'i  Spring  on  th'?  aurfaca  of  the  fproiind» 

MR.  KIUTI'I       And  that  waa  a  point  at  'ho.  extrumo  lower  tjnd 

MR.  CHAP;^AN:       That  i»  exactly  wtiat  I  want,     I  v^ant  ihe 
di'farsnre  iv  the  elevation  of  vater  in  tliat  Arteaian  well 
No.  4  wlien   it  atood  ten  feet  above  tho  aurfare  of  tha  itrrotmd, 
as  compared  witi^  a  ^loint  in  tho  CuoMtangpi  "f^ah  at  the  Cuoa- 
ffloiv'^a  water  a  coiie  to  Iho  eartfce  at  any  time  on  earth. 

ITH.  BKITT:       That  it  a  diatanoe  a  lialf  a  nila  up  and  do«n 
the  Oucaraonf^a  waah  where  tho  water  cana  to  the    surface. 
It  waa  taken  oiit  at  the  haad  of  the  dO-inch  iiij>aline,  i^.ich 
wou  d  ho  rbout  tlie  lowtat  )>Oint  »tiara  tht-  water  Bi,  eared. 

i!H.     ASKivIX:       Anc  th«  avidenoa  ahowa  that  tho  point  where 


tmi 


1      -    I    r^ 


1  tho  wa^er  rona  varied  at  (Jifferent  Una  and  at  different 

2  periods. 

3  iU.*     CHAI^:  A'-:       I  would  like  nc  have  the  witneeB  anewer 

4  m,'  queati<n,  re/j  rdlesa  of  v^heUxur  counsel  ia  eatiafied  with 

5  it  or  not. 

6  .IfR.  BHITV:       fa  want  to  know  what  the  quoation  n«i:nB? 

7  KiH.  Ct  Ai^  AK:       That  iB  eztxctly  ohat  it  tieans.       You  know 
b  therti  ia  a  toint  lAiare  ^hc  water  hte  continued  to  riso  OTon 
9  .ftor  the  Y  tunnel  was  raade,  and  isEued  on  the  aurface  of 

10  t)ie    round. 

11  Q     If  you  can  locate  that  within  a  hundred  yards  I  want 

12  ytni  to  tell  mo  the  difference  in  oletati  >n  of  that  point 
X    13  from  the  watora  or  Artoaian  well  No.  Jd  idian  it  stood  ten 

feet  above  *hp  surface  of  the  ground. 

A    On  plftiiitiff'o  exhibit  No,  1  under  thti  head  of  the  50- 

16  ii>ch  ])!]>•  line,  tho  ci    tour  at  ti.at  point  ia  ii,  a  .       Tlie  con- 

17  tour  fat  well  No,  4  is  1400  f^ot 

18  Q    T!iori  Uiere  was  a  differonce  in  ole ration  between  thoss 

19  two  points  of  150  f*jat? 

20  A    T^iere  is  a  diBcroi)ttncy  hsrs**» 

21  Q    Anawer  one  quest i<^n  at  e  tisiB* 

22  A     I  want  tc  finish  the  ot>»r  tmewer*       Hero  at  well  No, 

23  4  there  is— -Mo,  that  is    he  date  and  here  is  ihs  elewation. 

24  T}>at  ia  correct. 

25  Q    T^ien  tiie  difference  in  elswation  ia  1^50  feet? 

26  A    Yea  air;     130  feet;     be  in  -  m  fevor  if  the  3(;-inch  pii^s 

27  line     nd  (^icaLVin*';^    S|jrjiri^. 

28  Q    Wiat  do  you  tmtji  by  ^>ein^',  in  favor?      That  depend  a  on 

29  one* a  t  ste. 


f  '^  :r{ 


1 

2 
3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 


16 
17 
18 
19 
20 
21 
22 
23 
24 


25 


26 
27 

28 
29 


A     I  laean  tl'at  it  ia  lower. 

0    Th.tit  IB  i})Ai  ti»  tandcmcy  w^uid  be  u;  flow  froa  Arte- 
sian well  Kg,  2  to  t^ie  Cucamor^  S.rirvje  at  that  j^o.nt? 

A    Yea  nir, 

Q    Htilf  -.  mile  aboye  that  poixil  f.i.at  ia   Uio   jiofaUyn? 

A    In  wliat  direction? 

Q     Along  the  line  of  tv**  rid^-e, 

A     Alon^;  the  line  of  the  channel,  1400  feet. 

Q     That  «roiild  nake  tha  waters  atnndin :  at  Arteeian  well 
No,  2  ten  feet  above  the  -ground  ton  feet  hi^er  thun  that 
oirit  which  you  noaaured  last.       Will  you  Bake  aont  s&rk  by 
which  we  can  know  v.liore  Uiat  point  ifaa? 

A    1I!00  feet  almost  r^ue  south  of  the  Sun  Bemaidino  BaM 
Line,   fron  the  center  of  Uic  aast  wash  aa  delineated  en 
plaintiff's  o:dii' it  one, 

Q    And  t>  e  inclination  i.f  the  surface  of    he  r^rounc  is  to 
the  aoutheastorly? 

A    Tl-ie  inclinFition  of  the  chaimel  is  southeasterly— the 
surface  channel, 

Q     And  150  f < ot  ^^  ^he  mile? 

A  In  half  a  mile  there  is  a  difference  in  ul elation  in 
tli'it  channel  in  a  southaastorly  direction  of  between  15iiO 
f  ot  at  its  lowest  point  and  1410  foet  at  its  hi  host, 

Q    That  would  be  90  feett 

A    180  fuet  to  the  oile. 

Q    T\'.Q  inclination  or  grario  n*    the  west«m  si^  e  from  that 
woll  No.  4  I  believe  you  stated  was  d>out  IM  f. et  to  the 
mile  to  the  south? 

A    I  did  n't  nay  anything  about  the  grads,     I  said  that  the 


I 


1      . 

tre.d  of  the)  water  wan  southerly. 

Q  And  didn''  you  giYe  m  th;e  ;rarie  on  that  aide  after 
aome  ccTieidoraMo  talk  between  u a  as  to  the  grade  of  the 
Ifiiid,  &ccordin(j  to  the  mclirihtion,  w^iicheior  way  tJje   ;raae  la? 

A    l^SO  fjdt  to  the  aile  in  a  aouth'Tly  direction  i^aain^ 
thro  ^1  No,  4, 

Q     Did  you  t»:hc   ti:o      ••"         !■■   Jt  cuta   'Me  co;;t,oura? 

A    Yuo  sir;     I  took  the  c  ntotr  oleYationn.       Here  ia  Idn 
l6CyC}  .^^^  l/L^^  ab  ut  oi^»t  mchei  apart,  yx?  f'ot  to  the 
incu,  *uicj:   .iijuid  be  ?-400  f  j^>t,     r  aetaiy  -  -i/        -ilo. 

Q    fUw  fljich  IB  tliia  one  yiere? 

A    1360. 

Q    And  frow  there  to  Uio  X'*^,  wuat  j.»   u;e  distuiice? 

A    About  nine  mchea,  2700  ft>et,  or  a  little  <  ver  half  a 
Olio, 

Q    And  the  difference  it  Mjat? 

A    Ki{;hty  feet. 

Q    And  tliere  *h^  inclination  j.b  alioofjt  na;th  lan't  it? 

A    Alrioat  Biju-n.       That  ia  a  hi^iicr  .luce  *^\*r\  *>:Oi «     ell 
No,  4  ia^  end  they  are  not  exactly  in  the  ch.  nnol,  ao  the 
PTade  voiiid  >^  a  little  leea. 

Q    'iVhuo  pvuiu  x'.  bo  from  V.o  well? 

A    To  where? 

Q  doinj  aouth  w^iat  wt^uld  be  the  inclinaUon? 

^     I  have  already  anawer'*^!  ♦'•    t.     I   '!  j  ;'     /e  made  it  160 
f  ot  J  easing  Uirouf^  the  well  north  um  a^uth, 

Q    Did  you  haar  the  toatiAoi^y  of  Ur,  Stowull  tnot  at  one 
time  T^mn  «n«  o^  '  .'s   -'hIIb  c  ■»>'A  veet  ai  e  w»^a  •"♦    '"'o 
thti  tun  el,   Uiut  tinoi.er  well  nearby  Uie  water  etoud  xn  it 


i 


•  -  /  .  / 


ei^ty  foet— 

A  Differencd  of  «lofutiDn? 

Q  Yds. 

A    I  hturd  r.r:  mni.o  Uiat  «tat«atnt. 

'.i    And  they  were  not  vjry  far  apart? 

A    Not  very  far  apart. 

Q  If  that  wero  trua  could  thdre  liava  been  any  cosiOLtnica* 
ti<  n  or  influence  averted  betv^on  thu  waters  •^hich  au  lied 
one  of  those  wells  and  t,^e  othsr  watar  suji/lyinw;  tha  other? 

A     I  didn't  Iiave  an  opj.ortumty  to  eXHsiiie  those  wells. 
I  heard  Mr.  S'.owell  testij(y    in  th:e  other  ease  iJid  i/:  ti.is. 
But  as  I  WiiM  not  on  the  ^ound     nd  didn't  boo  thf-  wells  and 
he  didn't  describe  ^nythin^';   bout  the  locai  coitaxt,iuna, 
either  by  tho  bi^riii^  of  the  wells  or  anything  else  on  eithor 
occasion  Yory  minutely,   I  have  not  errivod  at  anv  defined 
opinion  on  it. 

Q    Could  Diere  be     'ry  sud:  anywhere  as  two  tubt  a 

inserted  in  water  that  ^^eiaaanicried  one  ir  th  the  ot!  er, 
where  the  water  could  stand  ei|E^ty  feet  a^^r  ii.  one  t.han 
in  the  other? 

A    Yea  sir;     if  the  wat«r  source  fra.  w^ich  thev  caias  were 
two  liifferunt  sources. 

Q     If  they  oame  fra:i  tv<o  differont  sources  and  there  was 
an  imjieraefible  burrier  between  the  two  there  wouldn't  be 
any  direct  node  of  couBuniOtttion  between  the  two? 

A     Mo. 

Q    Ihen  the  water  stood  110  fi)et  in  tliis  vreLl  No«  4,  ccxUd 
it  jjossibly  hawe  been  nmintftined  in  that  i  osition  for  an^ 
cons.dcrable  length  of  tiae  with  thtt  tunnel  near  t^  it  if 


Uv^ 


dr    nfi 


jVi^ 


ikA 


i 


cooQU'iic^*  i;  n  >>«*.wf«n  tbe  ^wo'?         I  will    rjt  it  n  litt,l« 
differ.inu.     If  *  .    u       ire  rors  jun^C'.tii.n  i^itwoen  u:e 

to? 

A     I      ould  Bay  thni  it.  f  ou^  d  n*-!.        I    •  c  uld   «ay  Uat   if 


it  Btood   8( 


.or  \:  fan  '-r.o    I'lcr   of 


.UI'..M&i    io    v«.uld 


cone  fro."  a  differ'int  atrata.       The  etidtinco  ohowa  thiit  ih«; 
well  waa  horod  lo  rrrnat  dep*h  holow  fhe  bottom  of  the  tunnel. 
If  I  roi?ioial>ei"  ri  ,  \.  li  m  460  f-^ot  doo^« 

Q     The  evidonce  alo<    sho  e  that  a  ahort  tiino  u'ter  Vie 
well  WDB  bored  Mr,  St.ow*>ll  cut  it  ten  f«*5t  below  the  aurface 
of       i;  ;_;rouiid,  and  tliul,  uld  i m.  b'wjjui  SO  foet  tibcve  the 

floor  of  the  timnel.     ^low,  i;    the  ccurae  of  tisM  la  it  not 
your  opinion  V    t  that  tunnol  would  hate  taken  th^»  water  frvu 
that  v/ell  if  'Jiere  was  a  corannnication  batwoen  the  two? 

^     Tl:e  tirnnol  v^ouldn't  hate  taken  Vo  water  fror:  the  »/ell», 
but  I  think  the  wella  would  have  taken  the  water  trau  tha 
turmyl;     btcauae  tlio   Uinnol  drawa  on  the  Ujijjer     ortion     t 
t>ie  aatur-ited  naaa  j;nd  the  well  evidently  drew  on  the  lojfcr 
portion  'nd  by  ao  doin  •  it  lowered  the  laturatod  plane 
above  tiiat  of  both  of  *:'m\  directly,  and   in  that  way  it 
wou^d  diminiah  the  flow, 

Q     In  that  f  aae  you  would  have  to  punp  the  wall? 

^     I^  the  well  waa  not  flowing  itself  you  would  hawe  to. 

Q    Hoff  do  you  say  tJutt  in  your  o  inion  the  piaiiirig  of  water 
north  of  thia  base  lino  tende  to  din  mali  1 1  ^  water  in  Uiat 
tunr\el? 

A     It  reduced  the  elewation  of  the  aaturu'-oa  naoa  and 
thereby  reduces  the  ht.id  and  the  prtesura  behind  r^nd  tho  feed 
to  the  outlet  is  diiainiehed. 


I 


! 


Q     Do  you  know  how  doep  ihost  veils  U>  Uit  Borth  are? 

A    I  think  Ur,  Trask  tottified  to  that  h«re.     1  o.n't  r«- 

collect  exac'^y  wi;eir  deptJi.     Buo  .^  x^  x..  •Tidanco  here. 

n    JO  y..u  iwiic  r'oxiuatttiy  wbat  Uio  dopth  iia«? 

A    I  do  not  roccixjct  Umt  there  vai  ax\/  direct  tutttic-u  y 
•bowing  U-io  depth  of  the  wells,  except    ^  "  f'"pth  to  water. 

Q  ijxd  you  uiaktt  cviy  luquiries  Ji'.en  you  wei^  uaiu^ig  these 
inTestigatioris  d/.c<;pt  to  fom  an  Opinion  txs  rn   expert  of 
the  probable  e.Tect  of  these  wells  uf     '      aecticn  of  Uie 
ountry  on  «iO'her? 

A     I  uade  a  good  deal  of  an  investi^tion  of  -Jr^e  conditions 
m  thie  jjarticuXar  sectii^n  of  ihe  country  that  would  make 
one  well  affect  t^notiier,  ?.nd  uy  recolioction  iu  thut  I  h*ve 
novir  b'^-on  abl«>  to  ascertuiu  just  how  deup  those  ^tells  at 
the  north  of  Base  Line  are,   thcu^i  I  oay  be  aou».i>u.t.  in  error 
on  that  point.       I  roraeaber  aek.n    i'or  timt  ijJs.iiuu\.i^n  a 
fiX)<^  nany  tirKj;;, 

0     Tns  tunnel  No,   2  ia  at  a  ,)lp_ce  Trfiere  the  aurfi  e  cf 

it  not? 

A     Tao  surface  floor  of  'xo  Uiiuiel? 

Q    No,     Tie  surface  oi    -i^o  grouiki  wj.oic  varuriui  la  con- 

structed is  lower  tlian  tlio  place   b  otti.     a:;.      .       ^iierc  tho 
wolis  ara  bi  red? 

A    Yes  uir. 

Q     hofd   ^iid  tunnui  cuts  it  a  hundred  feet  uuoer  'lie  surface? 

A    Ycc  air. 

Q     Then  iiny  vouxon't   mj.^  tunnel  draw  uxu  cauur  iruii  uno 
wells  instead  of  thu  welis  dr  th?  waoer  fro^  Uio  tunnel? 


i; 


1 


•  1 


/  .*■) 


*  1;  •- 

-■3  1 

-  « 


1 

2 
3 
4 

5 
b 
7 

8 

y 

LO 
A 

12 


[8 
19 
>0 
21 
22 
23 
24 
25 
26 
27 
28 
29 


A    A»  I  exiilainBd  before  th«  tunnol  ia  in  the  Ui^xir  portion 
of  thA  saturated  jtmbb  -^nd  the  welie  .;o  deeper  «:nd  draw  from 
a  dee].>er  aource  with  a  bir'5';er  head    md  a  lan^ter  dischar^. 
I  era  taking;  now  well  4  ^nd  well  14, 

Q     No.  4  r,n(*.  ^!o.  14  both  extond  far  below  *h«  floor  of 
thet  rur.PMi,  don't  thsy?       A    Yqb  bit. 

Q     And  they  are  dmwin>;  water  f roii  a  deeper  awirce  thin 
tito     xcvei  of     ha  tunnel? 

A  ito  Gf'Ubt  rijcuw  that, 

Q     iVhy  ohould  Uie  affection  bo  found  in  fatcr  of  thoie 
wollo  abovo,   rnther  thnn  Ir  fr^vor  of  the  *M-^r.'.\    ind   ths  wells 
bolow? 

A     V.-.Gfy  both  do  the  saniD  daiaa{;;e.       T  oro  is  no  question 
rbout  it  in  cry  uind  ^nd  never  hie  h  ;3n,       ^'^ll  Vo.   l  and  14 
are  aajn&f';ing  the  free  flow  thiit  vi.&  orig:.naiiy        .  •.    of  era 
they  were  borao,  the  saras  as  the  pumiiing  of  tlie  wells  above 
Buee  Line. 

Q    Prior  to  Jtinuury  1907  viore  was  no  hilkiieaa  in  Wjat     un- 
nol  was  there? 

A    So  I  nr.  informed. 

Q    And  the  vmters  flowed  fron  that  tAannel  int.*  the  wa-or 
th^tt  taao  up  in  th.e  tunnf«l  continually,    '^hethor  th.    wells 
/ere  he  in-';  pumf^d  or  not.       Did  ycu  observe  or  t«ko  nnv  '^r;  ms 
to  ascertain  v/hen  thoee  wells  were  net  bt;j.tit,  :;um,o«.      m     .i  c 
water  in  tl-iat  tunnol  was  flowing  freely  out,   tVat  '.  lis 

north  of  Base  Line  were  of'fectod  at  all? 

A     It    as  not  ;'OSBible  to  do  so,  beciuou  I  didr*t  Iiave  the 
power,  authority  or  api;aratus  to  shut  My  Uie  wells  below  to 
see  the  effect  on  the  wells  cbcve,     or  in  any  way  Interfere 


-vith  the  arran£rea6ntB  of  the  San  Antonio  Wator  Toci^^ny, 
or  whatever  com  any  waa  o^eratirig  'h     difforont  walla,  and 
I  liad  to  tiktt  ray  obBervati  na  fro;,   the  circunaVncee  eur- 
rcunding, 

Q     If  I  ERt  not  uist  ken,  ycur  ejchibit  tiiree  ayiowt  that  a 
very  conoidora'nle  part  of  ^he  time  the  wella  uYtoye  Baae  Line 
wore  not  heinj-  operatea? 

A     Trie  re  '#ore  tiaea  .vh-3     they  were  net  oporatin^. 

Q     And  fcr  nan"  daya  tojc^tVsr? 

A    YeB  axr, 

Q     Did  yc'U  atteawt    ,o  make  any  such  obeorTationa  then 
for    he  iJUTj^oue  of  aacerUiirur^? 

A     Yob  air,  cert&iniy.     We  kept  tao  on  zidj  ci'-!Vativ>n  of 
t}iu  water  in  Arteaian  well  No*  2  ^hich  .rollow6»c  up  and  Qom 
with  tlie  pum,^ing  or  not  i^ua^inc  cf  t>,o  wattira. 

Q    And  that  ie  eiJii>  ited  on  diJit^'am  3B? 

A  Yos  air, 

alac 
Q     re  Iiollrvin  wfell  No,  2  yuu  M^aaqpa,  kn A  tab  on? 

A    Yea  air. 

Q     How  do  you  account  for    he  fact  that  th^■  Hellrnan  wall 
vaa  affociiad  so  mucJ^.  raoro  aericualy  than  Artosi-.Ti  .roll  Mo,  2? 

A     I  account  for  it  in  t./o  waya,       in    .i:e  ixmi  ^laco  X 
understcnd  tiiat  Artosi  n  well  No,  £  ia  IX)0  fuet  deep,  and 
tha  HelluAn  well  No.  2  ab</ut  500  foot  dt>t^,       t  .o  difforonce 
in  depth  would  zuaivu  uuuu  difference.     Also,  the  cunl^nuuua 
flov;  of  No,  4  and  14  and  ot  er  wella  in  tho  Xudy  tunnel  com- 
ing off  of  'he  90-acre  tract,  would  tend  to  aaika  the  iAilaa- 
tion  in  Arteaian  well  No,  Z  a  little  oore     renounced  than 
in  thu  Hellr\.n  well. 


i 


Q    How  far  is    re  Artoai  n  well  from  the  tunnel  and  froa 
well  Tlo,  4  unri  well  No.  14? 

A     GC'O  a)id  90(t  t'  et  reapnctively, 

Q       c     fur  IB  the  Halloan  wall  No,  2  fror.;  thoat  weila? 

A     Hallnan  well  No.  2  io  diaUnt  A2£iO  foet  frotj  well  No, 
14.     HelLtKin  woll  No.  2  la  diatf.nt  4200  feet  frora  well  No,  4. 

Q    Thtt  Rod  Hill  intonrenoa  l-etv/aan  lii©  Heiitaan  well  tnd 
valla  No,    i  and  14? 

A    The  Red  Hill  mtervonoa, 

Q    1Xirin(-s  y-ur  obeorvaMon  xn  l!i/04  and  o  dio  you  ko^   tab 
on  t]io  Lono  Star  woll  a  nnd  tunnel? 

A    Yob  air,       I  would  wiah  in  tliat  'onnftc'.iwn  io  aUito 
that  Mh«n  you  asked  tie  thia  :iiomin';  if  juoi  »/a  had  done  ao, 
Uiat  I  BO  i'iBtructed  kr.  haid,  and  that  Uiey  alri .«  on  exhibit 
3.       I  Uiou^it  U.oy  dxan*t,  for  the  rwaaon  that  1  alwaya 
called  that  by  the  woir  aunber,         ch  is  No.  &,  and  not  by 
tliu  local  nuBB  of  L<)ne  Star,   :nd  it.  ia  the  No.  ft  and  it  was 
caDuaurtiG  wi./n  uqu^u  jiyorciatont^  ana  .^n  oqu^i  nuiober  of  timus, 
generally  ajjoaking,  ai  the  ot  era;     and  i  meaturod  it  ■graelf 
wfaan  I  was  there, 

Q    Are  ^hoao  Boesaremanta  inacriber    on  exlutit  Uiree? 

A    They  are  macrib  jd  on  exhibit  ihree, 

Q  Did  you  keep  any  obaervationa  or  oak**  any  during  t^.at 
tint  on  w>iat  was  known  as  the  Old  Settlera*  well? 

A    No  thnt  ia  north  of  the  Base  Linu  anJ  e  at  of  the 
Haakoll  wuU. 

Q  I  think  y^u  are  raiattiken  ih  uut  Uic  xtiation* 

A     X  know  tt9  me  aured  'jverythir^  in  ai^^it  Uiat  wa  could 
get  at.      We  never  went  eaat  of  Heilnan  avaaua  4.S  deiineuted 


i:J-»l 

oil  this  map. 

Q 

How  f  r  are    he 

Lone  Star  wells 

f  oa 

the  Wellja'  n 

«eU 

Mo. 

2? 

A 

Bctwoen  17(.'0  and 

1800  feet. 

Q 

Arid  in  v»)'at  direction? 

A  Northenaterly. 

Q 

And  the  Hellman 

ell  N«.  2  IB  norM» 

HB-criy? 

A 

No.     The  Lone  Star  ie  nor'heai»t*irly 

of  'he  Helliiian  well 

Mo.  2. 

Q  To  ^'Mc>l  one  of  -^e  Lone  Star  welia  diH  yt«  refer? 

A  Woll  No.  6. 

0    And  ^ore. bouts  located? 

A     In  I^t  11. 

Q    How  f  r  from  the  Hellni«  well  to  the  Fiono  Star    ell? 

A     1950  fo«t,       Botv/oen  1900  and  2000. 

Q  I  no ^. ice  awell  n»irked   "Bast  Hcllnian  v,all,"       Did  you 
fflftke  'jny  obaarval.ion  of  tha^  well  durimj  1504  and  5  in  this 
case? 

A    That  wall  is  wrecked  and  obrervntions  wero  iot'OBsib  e. 
Tho  shaft  is  broken. 

Q    Was  it  wrecked  durin^-  ».ll  tVjtt  tin»? 

A    Yec  air;     and  I  think  it  is  probably  wrecked  to-day. 

Q    vhat  is  t)ie  dist  nee  from  the  Lone  Star  wells  to  the 
wells  on  the  3'>-acre  tract? 

A     'I'tell  No,  {>  of  tJie  Lone  Star  is  diet  nt.  from  well  £  on 
the  30-acre  tract  botw  on  ten  r^nd  eleven  hundrod  feet,  and 
between  fift  an  and  nixtwwi  hundreo  feet  trma  well  K  on  ths 
3f'-ncre  tract  to  wtU  6  of  the  Lone  Star  tract. 

Q    And  how  far  froLi  the  i»elis  on  tho  ;^-acre  tract  lo  tht 


1*^S2 


Hell  »n  =foll? 

A     Vhicli  .veil?     Well  E? 

Q    Both  of  them. 

A    Well  E  on  t  e  ;5b*acro  t  ract  ip  ditt.nt  2400  feet  tnm 
Hell  lari  v/ell  Mo.  2.     Well  6  on  the  ^.>*%cra  trhct  it  ditt&nt 
frOTj  the  iiellTAn  «r«Xl  No.  2  b«tw«en  8&  und  SS  hundred  feet. 
Well  I  on  the  &^-ecre  tract  ia  diat-nt  froc  Heilxu  n  well  Mo. 
2  b9tween  5000  aiid  5100  foot.     Well  H  on  the  a:>-acre  tract 
ia  dirt  nt  fro??  HolLnari  well  Ko,  2  between  2900  end  30('0 
foet.     TiiOBo  are  blX  the  well 8  on  tho  5J>-acre  tract, 

0  1  believe  you  Buy  tb'.t  you  made  obacnrationa  and  tabu- 
lated those  obBenrationi  on  eiiiibit  three  of  those  welle  in 
the  35-acre  tract? 

k    Wo,      Wc  Liade  no  oeaaurenentB  of  the  veXla  on  the  5()* 
acre  1  rsct,  eilJhor  directly  or    y  our  aaaiBtar.ti  . 
,  Q    Did  you  nake  any  neasurisiaontB  of  'ha  anount  of  vater 
fLovia;  froTQ  those  wella  en  the  51)-acre  tract? 

A    ho  Bir. 

Q    l)idn*t  7GU  make-  any  raaaaur  nentB  at  dl? 

A  I  rude  no  r.aasurfAientu  at  hll  for  the  rei:aon  tiiat  there 
i.B  a  diTido  between  tiiera  and  Hellcmn  well  No,  2. 

Q    Vlvit  kind  of  a  divide? 

A    X  ])reBiXT)e  tlu^t  ia  the  rouacr..       1  dcn*t  «aixt  to  aake 
tliat  as  a  ..oeitivo  atataosnt. 

Q  There  is  a  divide  betwoon  Holloian  well  No.  2  and  4  asd 
14,   ienH  ♦hore? 

A  I  Hf.i  not  sure.  1  find  that  wa  zaade  aoaa  naatureaenti 
on  weir  6  t'^bulated  on  plnin'iff'a  ejchibit  3  and  that  that 
well  was — 


T'J 


Z  "  t- 

S  °  3 

5  ».  o 

B  <  J, 


1 

2 
3 

4 
5 
b 
7 

8 

10 

11 

12 

13 

14 

15 

16 

17 

IS 

19 

20 

21 
>■) 

23 
24 
25 
2b 
27 
2S 
29 


Q    Did  you  nuke  any  n»a«uree!*)ntB  at.  weir  7? 
A    Woir  MIX  and  weir  ae^on  both, 

Q    What  water  die   Ue  "i     -ir    leaaure? 

A     Weir  six  a»  Burcd   ihe  ;^>-&cre  weiXt  'J^«n  puc^'od* 

Q     And  vliat  vouid  w<  ir  tieven  f  leaaure? 

A     When  they  W9r«  not  uurap^d,  vban  it  w&a  no*  n^  oy  ^:^viwy* 

Q     la  '.hiit    he  saae  wei         il  Sio.'dli  referred  to  at    he 
touth  aide  box? 

A     Thu'-  i  ui-ii'l  Ajuw» 

Q     You  h«4rd  lii«  t.eatiLi^  ay    n  Uial  eubject  cad  you  not? 

A     I  heard  all  hit  teet>ii:io7iy,  but  I  d.r.*-  ri  Uy  reir.«iaber 
thrit  va^^toiiil  point  about  it,  ct  vul  tiiu  :a, uu.  i;iao  bux, 

Q     Do  you  know  uf  k  riwuBurirv,  ^joint  by   that  ness? 

A    UnleKS  it  in  •^ho  Old  Settierb*  tuxjud  box,  which  wouid  be 
on  tht.  east  ai  is, 

Q     Of  .vUt? 

A     Of  Hcllr^«^/t  r  vr-nue  and  i^outh  of  Baue  Lir.e. 

Q  Is  th  it  UiL   btujj  i^lace  thiot  you  referred     ^.  tis  weir  No.  7? 

A    Marked     eir  No.  7  here. 

Q    How  ftir  ia  v»e.ir  No.  C  frori  weir  Mo.  7T 

A     Abcut  11  or  15  iiVJidred  foat. 

Q     I  bolieve  you  axjroaacd  ;h»  Oi>inj.on  thit  Vne  ^lui^ping 
of  theoe  welia  north  of  Baae  Line  affected  both  the  water 
in  th-)  tunnel  No.  i.  <!nd  T<ell8  Ku.  ^  and  14,  and  alio  the 
well  a  on  the  east  ai  e  ef  Hellsian  avenue,  No.  ?.  for  matance. 
Now  in  wtiut  rajnor  la  it  thut  yv  aay  in  year  opinion  ti.ut 
that  influence  wae  excrtodT 

A    IIv   3i their  t}i<.  rater  fraa  the  ui  -nund  rttertoir 

iiTid  rodui  iii^  M  J       -Luuro  eiiU  lowering  Uio  h^arcuiic  her.d. 


I 


WWJ     Is  it  your  opinion     th.t  not  oil  of  thota  bienegiB, 
■trearja  (^tv*.  wells  are  wp  iliad  by  the  mount  in  water  nhtd 

fro.a  the  Cuca..  n  ;;   run.;e? 

A     I  don't  MM  any  reaeon  «hy  they  ehoulcl  not.       It  ie  r^ 
Ojjinion  t}at  'hey  are, 

Q     Do  you  800  any  reason  whs   ti  »     a>iouId  be? 

A     It  is  quite  a  productive  water  ehec  and  a  gsod  iteep 
water  nhed,  and  would  oeliver  a  con8idera><le  run-off. 

Q    You  probably  ciisundorsoood  t::    question.       Do  you  tee 
any  roason  to  believe  why  tho  .veils  or  stre^ins  or  sienag&s 
s>icu  d  be  or  are  supjiliad  frau  any  other  aoui'ce  D.ttn  the 
Cucainon^a  water  Bhed? 

A     I  see  no  reason,  but  I  wouldn't  want  to  he  understood 
as  aayi'  r-  that  there  fsifrht  not  be  an  urjdorfiow  f rorji  sobm 
lOint  further  east  or  further  v/ost.       I  have  taken  into 
account  t,ha  water  shad  of  CucaBOoga  Creek  as  far  e«.st  as 
Deer  Croak. 

Q    But  while  ycu  don't  undert  ka  t<^  say  that  iL  is  not 
'Oasiblo  that  there  luXflit  be  sorae  acceBiiion  frorj  sot^te  ot'ier 
wcter,  you  have  no  reaeon  to  believe  that  it  is  the  case? 

A     No.         I  nave  heard  of  a  tradition,  but  I  don't  know 
hov  ouch    hore  is  m  it,  that  would  indicate  that  there  was 
soae  water  coning  fron  some  ot^er  snirre, 

Q     If  those  waters  ai'o  ail  niuving  in  c   ntact,  v/hy  will 
net  my  subtraction  froa  it  by  any  ■eona,  by  aiy  of  those 
wells,  have  the  ssMe  effeot  that  you  speak  of  in  lowering 
the  water? 

A     Pro  ortlonataly     hey  will. 

Q    The  wells  north  of  Base  line,  y  u  dcn't  ias^ine, 


c 
d 


1  '^S5 


1 

2 
3 

4 

5 
6 
7 

8 

9 

10 

11 

12 

.-  13 

^  -  H 

~  X  ec 
.2  15 

_  J  3 

t"  16 
17 
18 
19 
20 
21 
22 
23 
24 


26 
27 
28 
29 


affdct  tho  country  m  any  otiier  way  or  r«aton  than  the  eub- 
tr&ction  of  80  nuch  watox*  from  the  water  plane  or  ^ho  aatura* 
ted  uaas? 

A     I  don't  060  how  tboy  can  afftct  it  any  other  way.       I 
would  wan*,   to  kno-w  h  v  you  nean;      in  vr"  at   othar  wny? 

Q     At  I  undorsto^u  y^ur  'insKcr,   i  v.ulk   ^     .      .     > 
wiioevor  bored  a  hole  ini.o  t^mt  »nt  -  nnd  }un  ed,  or 

if  it  wao  artesian,   if  i'    flowed,  thor?;  -..ouid  be  t.hat  audi 
BubtraCtod  from  Uiu    ,aii  .:,    .  <  thut  ejctem.  ^i-uld 

lower  the  water, 

A    KcrtJi  of  Base  Linet 

Q  Anywhere. 

A    That  is  true. 

Q     It  would  nake  no  different o  whether  it  «&■  north  or 
south  of  BttBe  Ijina    vuuid  it? 

A     Ho,   I  don»t  believo  it  would.       Ti.e  effect  would  be  felt, 

i',    Ae  &  Oi.tter  of  fuct,  does  the  ^um.  in^  of  any  well  >iaTe 
tlwit  effect  Upon  tb     <  iwiu  aurroundinr;  country? 

A     As  a  BUitter  of  fact  the  pumwing  of  those  wollt  has  th  't 
effect  on  the  south  and  north  country. 

Q    y  u  any  you  don't  raiu     vhere  'he  Old  Settlers*     ell  is? 

A    No.     X  failed  to  locate  it  on  exhibit  one. 

Q    Yv  u  think  t)ie  pun.  in^  below  the  Lone  Star  well  and  the 
Holl-jan  well  No.  2  nnd  the  wells  on  tho  3:)-acre  tract  do  ha?e 
a  tenucncy  to  l09/er  the  aacunt  of  uater  in  thu  saturatoa  ^^i 

A    r.'e  Hoiiman  well  is  not  p«jini.ed. 

Q    Is  it  Artesian? 

A    There  is  no  flow  to  it  excaj)t  a  Tery  BjLi^;t  mount  now. 
But  durin  j  our  obaerTations  it  was  below  the  li^i  of  the  well. 


cr 


I 

I 

3 

4 

5 
6 
7 
8 
9 

10 
11 
12 
13 


g.g  15 

-"  "  2 

E-16 

17 

18 

19 

20 

21 

22 

23 

24 


26 
27 
28 
29 


T.e.e  iB  a  shaft  ^13  feet  deep  and  Vien  t>>ora  ia  a  dr.ven  woU. 
Now  the  water  was  below  tlie  liu  of  that  driion  well  and  did 

n't  BUi ply  any. 

Q    DidnM,  Bup.ay  any? 

A    Didn't  8U.  iy  any  overflow  or  ..un,.  flow  during  tha  Ui- 

I  >\ad  cognia  Jice  of  it. 

Q     Anv  use  Eiade  of  it  at  all? 

A     Ho  Bir,  bixauBO  i'    dooa  not  ruise  out  of  ^iia  i»*ll. 
Ju8t  at  the  last  Uno  I  if i  sited  it  there  was  a  fraction  of 
.n  inch  cvor    he     o.  of  tie  lip,  a:Td  Uie  a-oont  of  *ater  that 
was  flowia.',  into  the  tunnel  was  so  small  thct  I  pu  .^osad  it 
wouidnn,  flow  taatiy  feot  before  it  would  dioap.o-.r. 
«R.  BKin':       Q    '^CT-.  was  that? 
A    Sometii*  in  DoCo^ii  ..-r  ui  wixb  j^ear— 1V07, 
Q     And  exhibit  No,  11  wi  1  show  that? 
A     -oro  it  raiaou  over  .2.      Tv>.ut  is  the  only  occasion 
tha     I  over  saw  any  «at.r  cuuxrv.,  out  of  tl^t  well.       That  is 
ao  annil  tint  it  \:\k-^\^  be  ne  ^  • 

Q  Miero  did  the  water  fro..  Uie  Ilellr^an  well  flo-.  if  it 

ever  did  flow? 

A     Into  the  shaft  and  into  Uie  Y  tunnal  on  the  wast  siaa. 
Q    And  di(i  it  have  a  tenconcy  to  lower  the  water  .dana? 
A    Yea;     it  would  lower  the  plane  if  it  flowed  out  any 

iiui  unt. 

Q    In  your  theory  wh«t  .ff«ct  «iud  '.he  lAitting  of  » 
bulkho  d  h«.  on  the  ».t.r  ,a«n.  and  «..  •urrcmli.-.i  .oil.? 

A    I  ,xi  -m'^ruod  th.  t  tun;--!  Il«.  2  i>  .  y-lnch  ^Ij*  Un. 
Insiae  cf  I  tuiu.«l  xlU-,  ;ihaft«  conin.;  out  of  H.       !!>•  l^lk* 
,  „  ^  1^,  ,  ...^..^.y  t..  .too  t).«.  ..t..r  fn.a  th«  T«riuw  ■♦lil 


1 


If,!: 


\  ■ 


•%  I 


5£S 

*  - " 

7  K  a 

*  -^  a 
3   <  U 

-  « 


3 
4 

5 

(3 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

]9 

20 

21 


til  t  originally  flowed  fron  the    unnel,  and  in  that  roapect 
it  ucciunulatOB  that  water  in  the  pi^ieline, 

Q    T^ie  0^  ject  of  t>ie  halkhead  ia  to  nhit  off  the  water  en- 
tirely or  partially,  acceding  to  the  needs  of  Uie  owners  of 
tho  water,  jmd  it  rriir^t  ahut  off  the  water  above  Uiat     ulk- 
head  entirely? 

A     .'.Tiich  water' 

Q    Ttio  wator  in  the  ^Ainn-d  abo? e  the  )^lik^  ead  . 

A     It  v'ould  be  alut  off  by  the  bulkJiead  tc    "■      extent  of 
the  eleTation  to  7/hir.h  it  wai  kepi, 

0    To  tho  extent  of  what? 

A    To  tho  oxtent  of  the  uleTation  at  which  that  water  was 
r-iiaed  by  the  bulkhe.d. 

Q     The  iMilkhead  ia  conatructed  at  t.ho  division  line  between 
the  90-acre  truct  j^nd  the  lands  outaide  of  it? 

S     I  don't  know,       I  liaTO  boen  so  infortaed  thovt^, 

-0- 
Rere  the  court  takea  a  receaa  until  to-raorro*, 
Jjjiuary  25th,  1906,  at  ten  oMock  In  the  foren  on. 


23 
24 


23 


26 
27 
28 
29 


fmmiii 

D    000  896  922 


